Chapter 19.82 — DISTRICTS AND MAP

For the purpose of this title, the city is divided into the following districts:

(Code 1972, § 19.82.010; Ord. No. 1332, § 4(Exh.), 8-13-2016; Ord. No. 1449, § 4(Att. A), 2-11-2025)

Sec. 19.82.020. - Office land use map.

The areas assigned to the districts identified in section 19.82.010, the designation of the same and the boundaries of the district shown upon the map on file in the office of the city clerk, are established, said map being designated as the official zoning map and said map and its proper notations, references, and other information shown thereon, shall be as much a part of this title as if the matters and information set forth by said map were all fully described in this title.

(Code 1972, § 19.82.020; Ord. No. 1332, § 4(Exh.), 8-13-2016)

Sec. 19.82.030. - Boundary line lots.

Where a lot is contiguous to a boundary line of two districts, any side yard or rear yard which is directed adjacent to the boundary line in the less restricted district shall be increased in minimum width or depth to the average of the required minimum widths or depths of such yards in the two different districts.

(Code 1972, § 19.82.030; Ord. No. 1332, § 4(Exh.), 8-13-2016)

Sec. 19.82.040. - Uncertainty as to district boundaries.

Where uncertainty exists as to the boundaries of any district shown on the map designated in section 19.82.020, the following rules shall apply:

(1)

Where district boundaries are indicated as approximately following street lines, alley lines, or lot lines, such lines shall be construed to be such boundaries.

(2)

In unsubdivided property or where the district boundary lines divide a lot, the location of such boundary, unless the same is indicated by specific dimension, shall be determined by use of the scale appearing on the map.

(3)

In case any further uncertainty exists, the city council shall interpret the intent of the map as to the location of such boundaries.

(4)

Where any public street or alley is officially vacated or abandoned, the regulations applicable to each parcel of abutting property shall apply to that portion of such vacation or abandonment.

(Code 1972, § 19.82.040; Ord. No. 1332, § 4(Exh.), 8-13-2016)

Sec. 19.82.050. - Map records.

The city clerk shall keep and maintain at the city hall a map or maps similar to the official land use map upon which shall be marked the designations of districts applicable to specific parcels of land as set forth in Section 4.5 of Ordinance No. 178 and in any amendments to said section that shall be hereafter adopted, as well as any variances or conditional use permits which may hereafter be granted, insofar as

they substantially affect the use of the land. In the event of annexation of territory to the city, the same shall be added to and shown upon said map or maps, together with the district designations applicable to the various areas and parcels of land thereof, and any changes of zone and any variances or conditional use permits which substantially affect the use of the land shall also be shown. The map or maps shall be maintained in a current condition at all times for convenience of reference by the public and officials of the city. Such additional information relating to land use as may be convenient or desirable may also be shown upon said map or maps.

(Code 1972, § 19.82.050; Ord. No. 1332, § 4(Exh.), 8-13-2016)

Sec. 19.82.060. - Zone map—Housing Opportunity Areas Overlay Zone (Adopted 6 Cycle Housing Element).

==> picture [346 x 417] intentionally omitted <==

(Ord. No. 1332, § 4(Exh.), 8-13-2016; Ord. No. 1449, § 4(Att. A), 2-11-2025)

CHAPTER 19.83. - CHILD CARE FACILITIES

Sec. 19.83.010. - Purpose.

The state has enacted laws and regulations with the intent to provide for the care of children in an appropriate environment. The purpose of this chapter is to implement said laws and regulations and provide facilities for the care of children.

(Code 1972, § 19.83.010)

(a)

Small family day care.

(1)

Requirements. Small family day care homes, as defined in chapter 19.08, shall be a permitted use in all residential zones, provided said uses are housed within buildings and structures which comply with the development standards required of all structures within the zoning district. Notwithstanding any other provisions of this chapter, and pursuant to section 1597.45 of the Health and Safety Code, small family day care homes which are properly licensed pursuant to the provision of the Child Day Care Act shall be considered a residential use of property and shall be allowed as a matter of right in all residential zones. Small family day care homes shall also be allowed as a matter of right in single-family dwellings and multiple-family dwelling units in nonresidential zones, so long as they are a legal nonconforming use.

(2)

Agency clearances. Proper state licensing shall be obtained prior to operation.

(b)

Large family day care home.

(1)

Requirements. Operation of a large family day care home shall be subject to the review and approval of a large family day care permit by the director of planning and community development in accordance with the following:

a.

Not less than ten days prior to the decision date by the director of planning and community development, the city shall mail notices of the proposed use to all property owners as shown on the latest equalized assessment rolls within a 100-foot radius of the property boundaries of the proposed large family day care home site.

b.

A decision on the permit shall be made by the director of planning and community development within a 28-day period, without a formal hearing, unless one is requested by either the applicant, any member of the city council, or other affected persons. For the purpose of this chapter, an affected person shall mean a person who owns or who lives or works within a 100-foot radius of the proposed facility. The written appeal

must be filed with the planning and community development department. If so requested, the hearing shall be scheduled for the next available city council hearing and the city council shall hear the request. Unless otherwise appealed, the decision of the director of planning and community development shall be final.

(2)

Agency clearances. Proper state licensing shall be obtained prior to operation, including provisions for fire department clearance.

(3)

Large family day care home permit requirements.

a.

Development standards. In accordance with the purpose of this chapter, all large family day care homes shall comply with the development standards for the zoning district in which they are located, including, but not limited to, the following:

1.

A six-foot high fence and/or wall shall be erected around the side and rear property lines, behind the front yard setback.

2.

Adequate parking and driveway, as required by the zoning district in which the facility is located shall be provided and maintained.

3.

One off-street parking space for each outside employee shall be provided. Said parking space may be provided on the driveway.

4.

Outdoor play areas shall be located in the rear yard or side yard of the property and not permitted within the front yard setback.

b.

Findings for granting permit.

1.

Site complies with all zoning criteria and development standards for the zoning district in which the family day care is located.

2.

Use is incidental and subordinate of its use for residential purpose.

3.

Facility is located more than 500 feet from any other large family day care home or child care center, or the director determines that over concentration of facilities within the area will not result from the facility.

4.

Facility has adequate off-street parking for the primary residential use and each employee.

5.

Access and drop-off facilities will not interfere with traffic and circulation of the neighborhood, and can be facilitated in a safe and effective manner.

6.

Design will minimize, to the degree possible, excessive noise impacts to adjoining properties.

c.

Conditions of approval. The applicant shall be required to:

1.

Comply with the applicable provisions of the uniform building code, as adopted by the city.

2.

Comply with any standards promulgated by the state fire marshal and the county fire department relating to the subject of fire and life safety in large family day care homes, and the applicable provisions of the uniform fire code.

3.

Be licensed or deemed exempt from licensure by the state as a large family day care home.

4.

Operators reside at the residence. Additional care givers, required under state health and safety code, need not live in the home.

5.

No signs advertising the use of the property as a family day care home shall be permitted.

6.

Comply with any conditions imposed by the director of planning and community development, deemed necessary to satisfy the requirements of subsection (b)(3)b of this section.

(c)

Child care center.

(1)

Requirements. Operation of a child care center shall be subject to the review and approval of either a development plan review or public use permit, in accordance with the following:

a.

Commercial zoning districts. Child care centers as defined in this title shall be a permitted use in all commercial zones. A development plan review in accordance with the provisions of chapter 19.50 shall be obtained prior to operation of said facility.

b.

Noncommercial zoning districts. Child care centers as defined in this title shall be a conditionally permitted use in all noncommercial zones. A conditional use permit in accordance with the provisions of chapter 19.61 shall be obtained prior to operation of said facility.

c.

Development standards.

1.

Play areas shall have a minimum fence height of five feet. Wall and/or fencing shall be either block wall or wrought iron.

2.

Play areas shall be located as to not be subjected to noise levels greater than 60 db, including roadway noise levels stipulated in the general plan as well as other sources identified.

3.

Play areas shall be located at a minimum of ten feet from any public right-of-way.

4.

One off-street parking stall shall be provided for every four children and one for every employee on the largest shift.

5.

Loading and unloading area for children shall be provided to accommodate no less than two vehicles and shall be located within proximity to the main entrance. Location of loading areas across major drive aisles is prohibited.

d.

Findings for granting permit.

Adjacent development will not constitute a hazard to children.

2.

Site complies with all zoning criteria and development standards for the zoning district.

3.

Facility has outdoor activity space of 75 square feet for each child who is not an infant. The outdoor area must be either owned or leased by the applicant and cannot be shared with other property owners.

4.

Facility is located more than 500 feet from any other facility or the director determines that over concentration of facilities within the area will not result from the facility.

5.

Facility has adequate off-street parking for the number of children and each employee.

6.

Access and drop-off facilities will not interfere with traffic and circulation of the area and on-site.

7.

Facility will not materially reduce the privacy or use otherwise enjoyed by adjoining properties.

8.

Design will minimize, to the degree possible, excessive noise impacts to adjoining properties.

e.

Conditions of approval. The applicant shall be required to:

1.

Comply with the applicable provisions of the uniform building code, as adopted by the city.

2.

Comply with any standards promulgated by the state fire marshal and the county fire department relating to the subject of fire and life safety in child care centers, and the applicable provisions of the uniform fire code.

3.

Operator/applicant shall be licensed or deemed exempt from licensure by the state as a child care center.

4.

Comply with any conditions imposed by the director of planning and community development, deemed necessary to satisfy the requirements of subsection (c)(1)d of this section.

5.

Agency clearances. Proper state licensing shall be obtained prior to operation, including provisions for fire department clearance.

(Code 1972, § 19.83.020)

Sec. 19.83.030. - Term of permit.

The family day care permit shall be valid only at the approved location. The permit expires if use ceases for a period of one year.

(Code 1972, § 19.83.030)

CHAPTER 19.84. - RESIDENTIAL CARE FACILITIES

Sec. 19.84.010. - Purpose.

The state has enacted laws and regulations with the intent to provide for the care of persons with special needs, in an appropriate environment. The purpose of this chapter is to implement said laws and regulations and provide facilities for the care of persons with needs.

(Code 1972, § 19.84.010)

Sec. 19.84.020. - Uses.

(a)

The following uses are permitted:

(1)

Care facilities for abused persons.

(2)

Care facilities for dependent or neglected children.

(3)

Care facilities for persons that are mentally disordered or handicapped.

(4)

Congregate care facility.

(5)

Convalescent care facility.

(6)

Elderly and/or senior care facility.

(7)

Substance abuse recovery or treatment facility.

(b)

Other similar uses: Approved by the director of planning and community development, as provided by chapter 19.54.

(Code 1972, § 19.84.020)

Sec. 19.84.030. - Regulations.

(a)

Requirements. Operation of a large residential care facility shall be subject to the review and approval of a large residential care permit by the director of planning and community development in accordance with the following:

(1)

Not less than ten days prior to the decision date by the director of planning and community development, the city shall mail notices of the proposed use to all property owners, as shown on the last equalized assessment rolls within a 100-foot radius of the property boundaries, of the proposed large residential care facility site.

(2)

A decision on the permit shall be made by the director of planning and community development within a 28-day period, without a formal hearing, unless a hearing is requested by either the applicant or other affected persons. For the purpose of this chapter, an affected person shall mean a person who owns, lives, or works within a 100-foot radius of the proposed facility. The written hearing request must be filed with the department of planning and community development. If so requested, the hearing shall be scheduled for the next available public hearing and the city council shall hear the request. Noticing for said hearing shall be the same. Unless otherwise requested, the decision of the director shall be final.

(b)

Agency clearances. Proper state licensing shall be obtained prior to operation, including provisions for fire department clearance.

(c)

Large residential care permit requirements.

(1)

Development standards. In accordance with the purpose of this chapter, all large residential care facilities shall comply with the following development standards:

a.

The site shall conform to all applicable zoning and building codes.

b.

The minimum required parking as stipulated within this development code shall be provided. In addition, one off-street parking space for each outside employee shall be provided and maintained. Said parking may be provided on the driveway. Should persons of need residing at the facility have a vehicle, one offstreet parking space for a vehicle shall be provided and maintained. No on-street parking is permitted.

c.

The site shall maintain its residential character.

(2)

Findings for granting permit.

a.

The site complies with all zoning criteria and development standards for the zoning district in which the large residential care facility is located.

b.

The use is incidental and subordinate to its use as a residence.

c.

The facility is located more than 500 feet from any other large residential care facility, or care center, or the director determines that over concentration or facilities within the areas will not result from the facility.

d.

The facility has adequate off-street parking for the primary residential use and each employee and resident, if applicable.

e.

Access will not interfere with traffic and circulation of the neighborhood and can be facilitated in a safe and effective manner.

f.

Design will minimize excessive noise impacts to adjoining properties.

(3)

Conditions of approval. The applicant will be required to comply with all of the following requirements:

a.

Applicable provisions of the uniform building code and other codes, as adopted by the city.

b.

Any standards promulgated by the state fire marshal and the county fire department relating to the subject of fire and life safety in large residential care facilities, and the applicable provisions of uniform fire code.

c.

Be licensed or deemed exempt from licensure by the state for seven to 12 persons.

d.

Operators reside at the residence. Additional care givers, required under the state health and safety code, need not live in the residence.

e.

No signs advertising the use of the property as a large residential care facility shall be permitted.

f.

Any conditions imposed by the director of planning and community development, deem necessary to satisfy the requirements of the necessary findings.

(d)

Residential care center.

(1)

Requirements. Operation of a residential care center shall be subject to the review and approval of a conditional use permit.

(2)

Development standards. A residential care center shall be developed and operated in the following manner:

a.

The parcel upon which the residential care center is to be established shall conform to all standards of the zoning district.

b.

The facility shall comply with all local, state, and federal requirements.

c.

If individual residential units are provided, the minimum floor area for each shall be as follows:

1.

Studio: 410 square feet.

2.

One-bedroom: 510 square feet, if kitchen-dining or living areas are combined, otherwise 570 square feet.

3.

Two-bedroom: 610 square feet, if kitchen-dining or living areas are combined, otherwise 670 square feet.

d.

Indoor common areas and living units shall be handicap adaptable and be provided with all necessary safety equipment, as well as emergency signs/intercom systems as determined by the director.

e.

Common recreational and entertainment facilities of a size and scale consistent with the number of residents shall be provided. The minimum size shall be 100 square feet per resident.

f.

Project shall be designed to provide maximum security for residents, guests and employees.

g.

Trash receptacles shall be provided on the premises. Trash enclosure shall meet city standards, as on file with the building division.

h.

Bus turn-out and shelter on the on-site arterial frontage shall be dedicated, if the project is located on a bus route, as determined by the director.

i.

Parking shall be as stipulated within chapter 19.69. However, should alternative parking be needed, a parking analysis may incorporate facility sponsored transportation, public transportation, and alternative means of transportation for residents, employees, and guests.

j.

Adequate lighting and striping of paved parking and access areas shall be provided, including loading and shuttle facility.

(3)

Findings for granting approval.

a.

Adjacent land uses shall not constitute a hazard to the facility.

b.

Site complies with all zoning criteria and development standards for the zoning district.

c.

Facility has a minimum outdoor activity space of 50 square feet per resident.

d.

Facility is located more than 500 feet from any other similar facility or the director determines that an over concentration of facilities within the area will not occur.

e.

Facility has adequate off-street parking for employees, residents, and guests.

f.

Access and drop-off facilities will not interfere with traffic and circulation on the area and on-site.

g.

Facility will not materially reduce the privacy or use otherwise enjoyed by the adjoining properties.

h.

Design will minimize excessive noise and traffic impacts to adjoining properties.

(4)

Conditions of approval. The applicant and operator shall be required to:

a.

Comply with the applicable provisions of the uniform building code and other codes, as adopted by the city.

b.

Comply with any standards promulgated by the state fire marshal and the county fire department relating to the subject of fire and life safety in residential care centers and the applicable provisions of the uniform fire code.

c.

Be licensed or deemed exempt from licensure by the state for more than 12 persons.

d.

Operators reside at the residence. Additional care givers required under the state health and safety code need not live in the residence.

e.

Comply with any conditions imposed by the planning and community development deemed necessary to satisfy the requirements for findings of fact.

(5)

Agency clearances. Proper state licensing shall be obtained prior to operation, including provisions for fire department clearance.

(Code 1972, § 19.84.030)

CHAPTER 19.85. - WIRELESS TELECOMMUNICATION FACILITIES[[5]]

Footnotes:

--- ( 5 ) ---

Editor's note— Urgency Ord. No. 1382, § 6(Exh. A), adopted April 9, 2019, amended Ch. 19.85 in its entirety to read as herein set out. Former Ch. 19.85, §§ 19.85.010—19.85.100, pertained to similar provisions, and derived from Code 1972, §§ 19.85.010—19.85.100. Subsequently, Ord. No. 1383, § 5(Exh. A) adopted May 14, 2019 amended chapter 19.85 in its entirety.

The purpose and intent of this chapter is to provide a uniform and comprehensive set of regulations and standards for the permitting, development, siting, installation, design, operation and maintenance of wireless telecommunications facilities in the city. These regulations are intended to prescribe clear and reasonable criteria to assess and process applications in a consistent and expeditious manner, while reducing the impacts associated with wireless telecommunications facilities. This chapter provides standards necessary (1) for the preservation of the public right-of-way ("PROW") in the city for the maximum benefit and use of the public, (2) to promote and protect public health and safety, community welfare, visual resources and the aesthetic quality of the city consistent with the goals, objectives and policies of the general plan, and (3) to provide for the orderly, managed and efficient development of wireless telecommunications facilities in accordance with the state and federal laws, rules and regulations, including those regulations of the Federal Communications Commission ("FCC") and California Public

Utilities Commission ("CPUC"), and (4) to ensure that the use and enjoyment of the PROW is not inconvenienced by the use of the PROW for the placement of wireless facilities. The city recognizes the importance of wireless facilities to provide high-quality communications service to the residents and businesses within the city, and the city also recognizes its obligation to comply with applicable federal and state laws. This chapter shall be constructed and applied in consistency with the provisions of state and federal laws, and the rules and regulations of FCC and CPUC. In the event of any inconsistency between any such laws, rules and regulations and this chapter, the laws, rules and regulations shall control.

(Ord. No. 1383, § 5(Exh. A), 5-14-2019)

Sec. 19.85.020. - Definitions.

Accessory equipment means any and all on-site equipment, including, without limitation, back-up generators and power supply units, cabinets, coaxial and fiber optic cables, connections, equipment buildings, shelters, radio transceivers, transmitters, pedestals, splice boxes, fencing and shielding, surface location markers, meters, regular power supply units, fans, air conditioning units, cables and wiring, to which an antenna is attached in order to facilitate the provision of wireless telecommunication services.

Antenna means that specific device for transmitting and/or receiving radio frequency or other signals for purposes of wireless telecommunications services. "Antenna" is specific to the antenna portion of a wireless telecommunications facility.

Antenna array shall mean two or more antennas having active elements extending in one or more directions, and directional antennas mounted upon and rotated through a vertical mast or tower interconnecting the beam and antenna support, all of which elements are deemed to be part of the antenna.

Base station shall have the meaning as set forth in Title 47 Code of Federal Regulations (C.F.R.) Section 1.40001(b)(1), or any successor provision. This means a structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network (regardless of the technological configuration, and encompassing DAS and small cells). "Base station" does not encompass a tower or any equipment associated with a tower. Base station includes, without limitation:

(1)

Equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

(2)

Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including Distributed Antenna Systems and small cells).

(3)

Any structure other than a tower that, at the time the relevant application is filed with the city under this chapter, supports or houses equipment described in subsections (1) and (2) of this definition that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing that support.

(4)

"Base station" does not include any structure that, at the time the relevant application is filed under this chapter, does not support or house equipment described in subsections (1) and (2) of this definition. Other structures that do not host wireless telecommunications facilities are not "base stations."

As an illustration and not a limitation, the FCC's definition of "base station" refers to any structure that actually supports wireless equipment even though it was not originally intended for that purpose. Examples include, but are not limited to, wireless facilities mounted on buildings, utility poles, light standards or traffic signals. A structure without wireless equipment replaced with a new structure designed to bear the additional weight from wireless equipment constitutes a base station.

Cellular means an analog or digital wireless telecommunications technology that is based on a system of interconnected neighboring cell sites.

City means the City of Perris.

Code means the Perris Municipal Code.

Collocation bears the following meanings:

(1)

For the purposes of any eligible facilities request, the same as defined by the FCC in 47 C.F.R. § 1.40001(b) (2), as may be amended, which defines that term as "[t]he mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes." As an illustration and not a limitation, the FCC's definition means to add transmission equipment to an existing facility and does not necessarily refer to two or more different facility operators in the same location; and

(2)

For all other purposes, the same as defined in 47 CFR 1.6002(g)(1) and (2), as may be amended, which defines that term as (1) Mounting or installing an antenna facility on a pre-existing structure, and/or (2) Modifying a structure for the purpose of mounting or installing an antenna facility on that structure.

Collocation facility means the eligible support structure on, or immediately adjacent to, which a collocation is proposed, or a wireless telecommunications facility that includes collocation facilities. (See, Gov. Code, § 65850.6(d).)

COW means a "cell on wheels," which is a portable, self-contained wireless telecommunications facility that can be moved to a location and set up to provide wireless telecommunication services, which facility is temporarily rolled in, or temporarily installed, at a location. Under this chapter, the maximum time a facility

can be installed to be considered a COW is five (5) days. A COW is normally vehicle-mounted and contains a telescoping boom as the antenna support structure.

Distributed antenna system or DAS means a network of spatially separated antennas (nodes) connected to a common source (a hub) via a transport medium (often fiber optics) that provide wireless telecommunications service within a specific geographic area or building. DAS includes the transport medium, the hub, and any other equipment to which the DAS network or its antennas or nodes are connected to provide wireless telecommunication services.

Eligible facilities request means any request for modification to an existing eligible support structure that does not substantially change the physical dimensions of such structure, involving:

(1)

Collocation of new transmission equipment;

(2)

Removal of transmission equipment;

(3)

Replacement of transmission equipment (replacement does not include completely replacing the underlying support structure); or

(4)

Hardening through structural enhancement where such hardening is necessary to accomplish the eligible facilities request, but does not include replacement of the underlying support structure.

Eligible facilities request does not include modifications or replacements when an eligible support structure was constructed or deployed without proper local review, was not required to undergo local review, or involves equipment that was not properly approved. "Eligible facilities request" does include collocation facilities satisfying all the requirements for a non-discretionary collocation facility pursuant to Government Code section 65850.6.

Eligible support structure means any support structure that is existing at the time the relevant application is filed with the city under this chapter.

Existing means a support structure, wireless telecommunications facility, or accessory equipment that has been reviewed and approved under the city's applicable zoning or siting process, or under another applicable state or local regulatory review process, and lawfully constructed prior to the time the relevant application is filed under this chapter. However, a support structure, wireless telecommunications facility, or accessory equipment that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is "existing" for purposes of this chapter. "Existing" does not apply to any structure that (1) was illegally constructed without all proper local agency approvals, or (2) was constructed in noncompliance with such approvals. "Existing" does not apply where an existing support structure is proposed to be replaced in furtherance of the proposed wireless telecommunications facility.

Facility(ies) means wireless telecommunications facility(ies).

FCC means the Federal Communications Commission.

Ground-mounted means mounted to a pole, tower or other freestanding structure which is specifically constructed for the purpose of supporting an antenna or wireless telecommunications facility and placed directly on the ground at grade level.

Lattice tower means an open framework structure used to support one or more antennas, typically with three or four support legs.

Located within (or in) the public right-of-way includes any facility which in whole or in part, itself or as part of another structure, rests upon, in, over or under the PROW.

Modification means a change to an existing wireless telecommunications facility that involves any of the following: collocation, expansion, alteration, enlargement, intensification, reduction, or augmentation, including, but not limited to, changes in size, shape, color, visual design, or exterior material. "Modification" does not include repair, replacement or maintenance if those actions do not involve whatsoever any expansion, alteration, enlargement, intensification, reduction, or augmentation of an existing wireless telecommunications facility.

Monopole means a structure composed of a pole or tower used to support antennas or related equipment. A monopole also includes a monopine, monopalm and similar monopoles camouflaged to resemble faux trees or other faux objects attached on a monopole (e.g. water tower).

Mounted means attached or supported.

OTARD antennas means antennas covered by the "over-the-air reception devices" rule in 47 C.F.R. sections 1.4000 et seq. as may be amended or replaced from time to time.

Permittee means any person or entity granted a WTFP pursuant to this chapter.

Personal wireless services shall have the same meaning as set forth in 47 United States Code Section 332(c)(7)(C)(i).

Planning director means the director of planning, or his or her designee.

Pole means a single shaft of wood, steel, concrete or other material capable of supporting the equipment mounted thereon in a safe and adequate manner and as required by provisions of this code.

Public works director means the director of public works, or his or her designee.

Public right-of-way or PROW means a strip of land acquired by reservation, dedication, prescription, condemnation, or easement that allows for the passage of people and goods. The PROW includes, but is not necessarily limited to, streets, curbs, gutters, sidewalks, roadway medians, and parking strips. The PROW does not include lands owned, controlled or operated by the city for uses unrelated to streets or the passage of people and goods, such as, without limitation, parks, City Hall and community center lands, city yards, and lands supporting reservoirs, water towers, police or fire facilities and non-publicly accessible utilities.

Replacement refers only to replacement of transmission equipment, wireless telecommunications facilities or eligible support structures where the replacement structure will be of like-for-like kind to resemble the appearance and dimensions of the structure or equipment replaced, including size, height, color, landscaping, materials and style.

(1)

In the context of determining whether an application qualifies as an eligible facilities request, the term "replacement" relates only to the replacement of transmission equipment and does not include replacing the support structure on which the equipment is located.

(2)

In the context of determining whether a SWF application qualifies as being placed upon a new eligible support structure or qualifies as a collocation, an application proposing the "replacement" of the underlying support structure qualifies as a new pole proposal.

RF means radio frequency.

Small cell means a low-powered antenna (node) that has a range of ten meters to two kilometers. The nodes of a "small cell" may or may not be connected by fiber. "Small," for purposes of "small cell," refers to the area covered, not the size of the facility. "Small cell" includes, but is not limited to, devices generally known as microcells, picocells and femtocells.

Small cell network means a network of small cells.

Spectrum Act means Section 6409(a) of the Middle Class Tax Relief Act and Job Creation Act of 2012, 47 U.S.C. § 1455(a).

Substantial change has the same meaning as "substantial change" as defined by the FCC at 47 C.F.R. 1.40001(b)(7). Notwithstanding the definition above, if an existing pole-mounted cabinet is proposed to be replaced with an underground cabinet at a facility where there are no pre-existing ground cabinets associated with the structure, such modification may be deemed a non-substantial change, in the discretion of the planning director and based upon his/her reasonable consideration of the cabinet's proximity to residential view sheds, interference to public views and/or degradation of concealment elements. If undergrounding the cabinet is technologically infeasible such that it is materially inhibitive to the project, the planning director may allow for a ground mounted cabinet. A modification or collocation results is a "substantial change" to the physical dimensions of an eligible support structure if it does any of the following:

(1)

It increases the height of the structure by more than ten percent or more than ten feet, whichever is greater;

(2)

It involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet;

(3)

It involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets. However, for towers and base stations located in the public rights-of-way, it involves installation of any new equipment cabinets on the ground if there are no preexisting ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than ten percent larger in height or overall volume than any other ground cabinets associated with the structure;

(4)

It entails any excavation or deployment outside the current site. For purposes of this Subsection, excavation outside the current site occurs where excavation more than 12 feet from the eligible support structure is proposed;

(5)

It defeats the concealment or stealthing elements of the eligible support structure; or

(6)

It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure, provided however that this limitation does not apply to any modification that is non-compliant only in a manner that would not exceed the thresholds identified in subsections (1) through (4) of this definition.

(7)

For all proposed collocations and modifications, a substantial change occurs when:

a.

The proposed collocation or modification involves more than the standard number of new equipment cabinets for the technology involved, but not to exceed four equipment cabinets;

a.

The proposed collocation or modification would defeat the concealment elements of the support structure; or

b.

The proposed collocation or modification violates a prior condition of approval, provided however that the collocation need not comply with any prior condition of approval that is inconsistent with the thresholds for a substantial change described in this section.

The thresholds and conditions for a "substantial change" described in this Section are disjunctive such that the violation of any individual threshold or condition results in a substantial change. The height and width thresholds for a substantial change described in this section are cumulative for each individual support structure. The cumulative limit is measured from the physical dimensions of the original structure for base

stations, and for all other facilities sites in the PROW from the smallest physical dimensions that existed on or after February 22, 2012, inclusive of originally approved-appurtenances and any modifications that were approved prior to that date.

Support structure means a tower, pole, base station or other structure used to support a wireless telecommunications facility.

SWF means a "small wireless facility" as defined by the FCC in 47 C.F.R. 1.6002(1) as may be amended, which are personal wireless services facilities that meet all the following conditions that, solely for convenience, have been set forth below:

(1)

The facilities:

a.

Is mounted on an existing or proposed structure 50 feet or less in height, including antennas, as defined in Title 47 C.F.R. Section 1.1320(d); or

b.

Is mounted on an existing or proposed structure no more than ten percent taller than other adjacent structures, or

c.

Does not extend an existing structure on which it is located to a height of more than 50 feet or by more than ten percent, whichever is greater;

(2)

Each antenna associated with the deployment, excluding associated antenna equipment (as defined in the definition of antenna in 47 C.F.R. Section 1.1320(d)), is no more than three cubic feet in volume;

(3)

All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than 28 cubic feet in volume;

(4)

The facility does not require antenna structure registration under 47 C.F.R. Part 17;

(5)

The facility is not located on Tribal lands, as defined under Title 36 C.F.R. Section 800.16(x); and

(6)

The facility does not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in Title 47 C.F.R. Section 1.1307(b).

SWF regulations means those regulations adopted by resolution of the city council implementing the provisions of this chapter applicable to SWFs and further regulations and standards applicable to SWFs.

Telecommunications tower or tower bears the meaning ascribed to wireless towers by the FCC in 47 C.F.R. § 1.40001(b)(9), including without limitation a freestanding mast, pole, monopole, guyed tower, lattice tower, free standing tower or other structure designed and built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site. This definition does not include utility poles.

Transmission equipment means equipment that facilitates transmission for any FCC-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiberoptic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

mmunication service, including, but not limited to, radio transceivers, antennas, coaxial or fiberoptic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

Utility pole means any pole or tower owned by any utility company that is primarily used to support wires or cables necessary to the provision of electrical or other utility services regulated by the California Public Utilities Commission. A telecommunications tower is not a utility pole.

Wireless telecommunications facility means equipment and network components such as antennas, accessory equipment, support structures, and emergency power systems that are integral to providing wireless telecommunications services. Exceptions: The term "wireless telecommunications facility" does not apply to the following:

(1)

Government-owned and operated telecommunications facilities.

(2)

Emergency medical care provider-owned and operated telecommunications facilities.

(3)

Mobile services providing public information coverage of news events of a temporary nature.

(4)

Any wireless telecommunications facilities exempted from this code by federal law or state law.

Wireless telecommunications services means the provision of services using a wireless telecommunications facility or a collocation facility, and shall include, but not limited to, the following services: personal wireless services as defined in the federal Telecommunications Act of 1996 at 47 U.S.C. § 332(c)(7)(C) or its successor statute, cellular service, personal communication service, and/or data radio telecommunications.

WTFP means a "wireless telecommunications facility permit" required by this chapter, which may be categorized as either a major WTFP or an administrative WTFP.

(Ord. No. 1383, § 5(Exh. A), 5-14-2019)

Sec. 19.85.030. - Applicability.

(a)

This chapter applies to the siting, construction or modification of any and all wireless telecommunications facilities proposed to be located in the city.

(b)

Pre-existing facilities. Nothing in this chapter shall validate any existing illegal or unpermitted wireless facilities. All existing wireless facilities shall comply with and receive a wireless encroachment permit, when applicable, to be considered legal and conforming.

(c)

This chapter does not apply to the following:

(1)

Amateur radio facilities;

(2)

OTARD antennas;

(3)

Facilities owned and operated by the city for its use or for public safety purposes;

(4)

Any entity legally entitled to an exemption pursuant to state or federal law or governing franchise agreement, excepting that to the extent such the terms of state or federal law, or franchise agreement, are preemptive of the terms of this chapter, then the terms of this chapter shall be severable to the extent of such preemption and all remaining regulations shall remain in full force and effect.

(5)

Installation of a COW or a similar structure for a temporary period in connection with an emergency or event at the discretion of the planning director, but no longer than required for the emergency or event, provided that installation does not involve excavation, movement, or removal of existing facilities.

(d)

Public use. Except as otherwise provided by state or federal law, any use of the PROW authorized pursuant to this chapter will be subordinate to the city's use and use by the public.

(Ord. No. 1383, § 5(Exh. A), 5-14-2019)

(a)

Administration. The planning director is responsible for administering this chapter. As part of the administration of this chapter, the planning director may:

(1)

Interpret the provisions of this chapter;

(2)

Develop and implement standards governing the placement and modification of wireless telecommunications facilities consistent with the requirements of this chapter, including regulations governing collocation and resolution of conflicting applications for placement of wireless facilities;

(3)

Develop and implement acceptable design, location and development standards for wireless telecommunications facilities in and outside the PROW, as applicable, taking into account the zoning districts and those zoning districts bounding the PROW;

(4)

Develop forms and procedures for submission of applications for placement or modification of wireless facilities, and proposed changes to any support structure consistent with this chapter;

(5)

Collect, as a condition of the completeness of any application, any fee established by this chapter;

(6)

Establish deadlines for submission of information related to an application, and extend or shorten deadlines where appropriate and consistent with federal laws and regulations;

(7)

Issue any notices of incompleteness, requests for information, or conduct or commission such studies as may be required to determine whether a permit should be issued;

(8)

Require, as part of, and as a condition of completeness of any application, that an applicant for a wireless encroachment permit send notice to members of the public that may be affected by the placement or modification of the wireless facility and proposed changes to any support structure;

(9)

Subject to appeal as provided herein, determine whether to approve, approve subject to conditions, or deny an application; and

(10)

Take such other steps as may be required to timely act upon applications for placement of wireless telecommunications facilities, including issuing written decisions and entering into agreements to mutually extend the time for action on an application.

(b)

Administrative wireless telecommunications facilities permits ("administrative WTFP").

(1)

An administrative WTFP, subject to the planning director's approval, may be issued for wireless telecommunications facilities, collocations, modifications or replacements to an eligible support structure that meet the following criteria:

a.

The proposal is determined to be for a SWF located in the PROW; or

b.

The proposal is determined to be an eligible facilities request; or

c.

Both.

(2)

In the event that the planning director determines that any application submitted for an administrative WTFP does not meet the administrative permit criteria of this chapter, the planning director shall convert the application to a major WTFP and refer it to the planning commission hearing.

(3)

Except in the case of an eligible facilities request, the planning director may refer, in his/her discretion, any application for an administrative WTFP to the planning commission for hearing. This exercise of discretion shall not apply to an eligible facilities request.

(c)

Major wireless telecommunications facilities permit ("major WTFP"). All other new wireless telecommunications facilities or replacements, collocations, or modifications to a wireless telecommunications facility that are not qualified for an administrative WTFP shall require a major WTFP subject to planning commission hearing and approval unless otherwise provided for in this chapter.

(d)

Special provisions for SWFs; SWF regulations. Notwithstanding any other provision of this chapter as provided herein, all SWFs are subject to a permit as specified in the SWF regulations, which is adopted and may be amended by city council resolution. All SWFs, shall comply with the SWF regulations, as they may be amended from time to time.

(1)

The SWF regulations are intended to be constructed in consistency with, and addition to, the terms and provisions of this chapter. To the extent general provisions of this chapter are lawfully applicable to SWFs, such terms shall apply unless in contradiction to more specific terms set forth in the SWF regulations, in which case the more specific terms of the SWF regulations shall control.

(e)

Other permits required. In addition to any permit that may be required under this chapter, the applicant must obtain all other required prior permits or other approvals from other city departments, or state or federal agencies. Any permit granted under this chapter is subject to the conditions and/or requirements of other required prior permits or other approvals from other city departments, state or federal agencies. Building and encroachment permits, and all city standards and requirements therefor, are applicable.

(f)

Eligible applicants. Only applicants who have been granted the right to enter the PROW pursuant to state or federal law, or who have entered into a franchise agreement with the city permitting them to use the PROW, shall be eligible for a WTFP pursuant to this chapter.

(Ord. No. 1383, § 5(Exh. A), 5-14-2019)

Sec. 19.85.050. - Application for wireless telecommunications facility permits.

(a)

Generally. Unless the SWF regulations specifically provide otherwise, the applicant shall submit a paper copy and an electronic copy of any application, amendments, or supplements to a WTFP application, or responses to requests for information regarding an WTFP, in accordance with the provisions of this section. SWF applications shall be governed by any additional terms set forth in the SWF regulations, and in the event of an inconsistency between the provisions of this section and the terms of the SWF regulations, the SWF regulations shall control.

(1)

All applications for WTFPs shall be initially submitted to the planning director. In addition to the information required of an applicant for an encroachment permit or any other permit required by this Code, each applicant shall fully and completely submit to the city a written application on a form prepared by the planning director and published on the city's website.

(2)

Application submittal appointment. All WTFP applications must be submitted to the planning director at a pre-scheduled application submission appointment. City staff will endeavor to provide applicants with an appointment within five business days after receipt of a written request. A WTFP application will only be reviewed upon submission of a complete application therefor.

(3)

If the wireless telecommunications facility will also require the installation of fiber, cable or coaxial cable, such cable installations shall be included within the application form and processed in conjunction with the proposal for vertical support structure(s). Applicants shall simultaneously request fiber installation or other cable installation when seeking to install antennas in the PROW. Stand-alone applications for the installation of fiber, cable or coaxial cable, or accessory equipment designed to serve an antenna must include all features of the wireless telecommunications facility proposed.

(b)

Application contents—Administrative WTFPs. The content of the application form for facilities subject to an administrative WTFP shall be determined by the planning director, but at a minimum shall include the following:

(1)

The name of the applicant, its telephone number and contact information, and if the applicant is a wireless infrastructure provider, the name and contact information for the wireless service provider that will be using the wireless facility.

(2)

The name of the owner of the structure, if different from the applicant, and a signed and notarized owner's authorization for use of the structure.

(3)

A complete description of the proposed wireless telecommunications facility and any and all work that will be required to install or modify it, including, but not limited to, detail regarding proposed excavations, if any; detailed site plans showing the location of the wireless telecommunications facility, and dimensioned drawings with specifications for each element of the wireless facility, clearly describing the site and all structures and facilities at the site before and after installation or modification; and a dimensioned map identifying and describing the distance to the nearest residential dwelling unit and any historical structure within 500 feet of the facility. Before and after 360 degree photo simulations must be provided.

(4)

Documentation sufficient to show that the proposed facility will comply with generally-applicable health and safety provisions of the Municipal Code and the FCC's radio frequency emissions standards.

(5)

A copy of the lease or other agreement, if any, between the applicant and the owner of the property to which the proposed facility will be attached.

(6)

If the application is for a SWF, the application shall state as such and shall explain why the proposed facility meets the definition of a SWF.

(7)

If the application is for an eligible facilities request, the application shall state as such and must contain information sufficient to show that the application qualifies as an eligible facilities request, which information must demonstrate that the eligible support structure was not constructed or deployed without proper local review, was not required to undergo local review, or involves equipment that was not properly approved. This shall include copies of all applicable local permits in-effect and as-built drawings of the current site. Before and after 360 degree photo simulations must be provided, as well as documentation sufficient to show that the proposed facility will comply with generally-applicable health and safety provisions of the Municipal Code and the FCC's radio frequency emissions standards.

(8)

For SWFs, the application must contain all additional application information, if any, required by the SWF regulations.

(9)

If the applicant contends that denial of the application would prohibit or effectively prohibit the provision of service in violation of federal law, or otherwise violate applicable law, the application must provide all information on which the applicant relies on in support of that claim. Applicants are not permitted to supplement this showing if doing so would prevent the city from complying with any deadline for action on an application.

(c)

Application contents—Major WTFPs. The planning director shall develop an application form and make it available to applicants upon request and post the application form on the city's website. The application form for a major WTFP shall require the following information, in addition to all other information determined necessary by the planning director:

(1)

The name, address and telephone number of the applicant, owner and the operator of the proposed wireless telecommunication facility.

(2)

If the applicant does not, or will not, own the support structure, the applicant shall provide a duly-executed letter of authorization from the owner of the structure. If the owner of the support structure is the applicant, but such owner/applicant will not directly provide wireless telecommunications services, the

owner/applicant shall provide a duly-executed letter of authorization from the person(s) or entity(ies) that will provide those services.

(3)

A full written description of the proposed wireless telecommunications facility and its purpose.

(4)

Detailed engineering plans of the proposed wireless telecommunications facility and related report prepared by a professional engineer registered in the state documenting the following:

a.

Height/elevation, diameter, layout and design of the facility, including technical engineering specifications, economic and other pertinent factors governing selection of the proposed design, together with evidence that demonstrates that the proposed facility has been designed to be the least intrusive equipment within the particular technology available to the carrier for deployment.

b.

A photograph and model name and number of each piece of the facility or proposed antenna array and accessory equipment included.

c.

Power output and operating frequency for the proposed antenna array (including any antennas existing as of the date of the application serving the carrier identified in the application).

d.

Total anticipated capacity of the wireless telecommunications facility for the subject carrier, indicating the number and types of antennas and power and frequency ranges, which can be accommodated.

e.

Sufficient evidence of the structural integrity of the support structure as required by the city.

(5)

A written description identifying the geographic service area to be served by the proposed WTFP, plus geographic or propagation maps showing applicant's service area objectives.

(6)

A justification study which includes the rationale for selecting the proposed wireless telecommunication facility design, support structure and location. A detailed explanation of the applicant's coverage objectives that the proposal would serve, and how the proposed use is the least intrusive means for the applicant to cover such objectives. This shall include:

a.

A meaningful comparative analysis that includes the factual reasons why the proposed location and design deviates is the least noncompliant or intrusive location and design necessary to reasonably achieve the applicant's reasonable objectives of covering an established significant gap (as established under state and federal law).

b.

Said study shall include all eligible support structures and/or alternative sites evaluated for the proposed WTFP, and why said alternatives are not reasonably available, technically feasible options that most closely conform to the local values. The alternative site analysis must include the consideration of at least two eligible support structures; or, if no eligible support facilities are analyzed as alternatives, why no eligible support facilities are reasonably available or technically feasible.

c.

If a portion of the proposed facility lies within a jurisdiction other than the city's jurisdiction, the applicant must demonstrate that alternative options for locating the project fully within one jurisdiction or the other is not a viable option. Applicant must demonstrate that it has obtained all approvals from the adjacent jurisdiction for the installation of the extra-jurisdictional portion of the project.

(7)

Site plan(s) to scale, specifying and depicting the exact proposed location of the proposed wireless telecommunications facility, location of accessory equipment in relation to the support structure, access or utility easements, existing utilities, adjacent land uses, and showing compliance with all design and safety requirements set forth in this chapter.

(8)

A completed environmental assessment application, or in the alternative any and all documentation identifying the proposed WTFP as exempt from environmental review (under the California Environmental Quality Act, Public Resources Code 21000-21189, the National Environmental Policy Act, 42 U.S.C. § 4321 et seq., or related environmental laws). Notwithstanding any determination of environmental exemption issued by another governmental entity, the city reserves its right to exercise its rights as a responsible agency to review de novo the environmental impacts of any WTFP application.

(9)

An accurate visual impact analysis showing the maximum silhouette, view-shed analysis, color and finish palette and proposed screening for the wireless telecommunications facility, including scaled photo simulations from at least three different angles.

(10)

Completion of the radio frequency (RF) emissions exposure guidelines checklist contained in Appendix A to the FCC's "Local Government Official's Guide to Transmitting Antenna RF Emission Safety" to determine whether the facility will be "categorically excluded" as that term is used by the FCC.

(11)

For a facility that is not categorically excluded under the FCC regulations for RF emissions, the applicant shall submit an RF exposure compliance report prepared and certified by an RF engineer acceptable to the city that certifies that the proposed facility, as well as any facilities that contribute to the cumulative exposure in the subject area, will comply with applicable federal RF exposure standards and exposure limits. The RF report must include the actual frequency and power levels (in watts effective radio power "ERP") for all existing and proposed antennas at the site and exhibits that show the location and orientation of all transmitting antennas and the boundaries of areas with RF exposures in excess of the uncontrolled/general population limit (as that term is defined by the FCC) and also the boundaries of areas with RF exposures in excess of the controlled/occupational limit (as that term is defined by the FCC). Each such boundary shall be clearly marked and identified for every transmitting antenna at the project site.

(12)

Copies of any documents that the applicant is required to file pursuant to Federal Aviation Administration regulations for the proposed wireless telecommunications facility.

(13)

A noise study prepared by a qualified acoustic engineer documenting that the level of noise to be emitted by the proposed wireless telecommunications facility will comply with this Code, including chapter 7.34 of this Code.

(14)

A traffic control plan when the proposed installation is on any street in a non-residential zone. The city shall have the discretion to require a traffic control plan when the applicant seeks to use large equipment (e.g. crane).

(15)

A scaled conceptual landscape plan showing existing trees and vegetation and all proposed landscaping, concealment, screening and proposed irrigation with a discussion of how the chosen material at maturity will screen the wireless telecommunication facility.

(16)

Certification that applicant is a telephone corporation or a statement providing the basis for its claimed right to enter the right-of-way. If the applicant has a certificate of public convenience and necessity (CPCN) issued by the California Public Utilities Commission, it shall provide a copy of its CPCN.

(17)

Evidence that the proposed wireless facility qualifies as a "personal wireless services facility" as defined in United States Code, Title 47, Section 332(c)(7)(C)(ii).

(18)

Address labels for use by the city in noticing all property owners within 500 feet of the proposed wireless telecommunication facility and, if applicable, all public hearing information required by the municipal code

for public noticing requirements.

(19)

Any other information and/or studies reasonably determined to be necessary by the public works or planning director(s) may be required.

(d)

Fees and deposits submitted with application(s). For all WTFPs, application fee(s) shall be required to be submitted with any application, as established by city council resolution and in accordance with California Government Code Section 50030. Notwithstanding the foregoing, no application fee shall be refundable, in whole or in part, to an applicant for a WTFP unless paid as a refundable deposit.

(e)

Independent expert. The public works and/or planning director, as applicable, is authorized to retain on behalf of the city one or more independent, qualified consultant(s) to review any WTFP application. The review is intended to be a review of technical aspects of the proposed wireless telecommunications facility and shall include, but not limited to, application completeness or accuracy, structural engineering analysis, or compliance with FCC radio frequency emissions standards.

(f)

Costs. Reasonable costs of city staff, consultant and attorney time (including that of the city attorney) pertaining to the review, processing, noticing and hearing procedures directly attributable to a WTFP shall be reimbursable to the city. If an applicant proposes a replacement pole or street light to accommodate a SWF, then the applicant shall also pay for all city costs relating to any pole replacement as provided further in the SWF regulations.

(g)

Effect of state or federal law on application process. In the event a state or federal law prohibits the collection of any information or application conditions required by this section, the planning director is authorized to omit, modify or add to that request from the city's application form in consultation with the city attorney. Requests for waivers from any application requirement of this section shall be made in writing to the planning director or his or her designee. The planning director may grant a request for waiver if it is demonstrated that, notwithstanding the issuance of a waiver, the city will be provided all information necessary to understand the nature of the construction or other activity to be conducted pursuant to the WTFP sought. All waivers approved pursuant to this subsection shall be (1) granted only on a case-by-case basis, and (2) narrowly-tailored to minimize deviation from the requirements of the Municipal Code.

(h)

Applications deemed withdrawn. To promote efficient review and timely decisions, any application governed under this chapter will be automatically deemed withdrawn by the applicant when the applicant fails to tender a substantive response to the city on any application within 30 calendar days after the application is deemed incomplete in a written notice to the applicant. The public works or planning director

(as applicable) may, in his/her discretion, grant a written extension for up to an additional 30 calendar days when the applicant submits a written request prior to the 90th day that shows good cause to grant the extension.

(i)

Waiver of applications superseded by submission of new project. If an applicant submits a WTFP application, but substantially revises the proposed facility during the application process prior to any city hearing or decision on such application, the substantially revised application shall be deemed a new application for all processing purposes, including federal shot clocks, and the prior submittals deemed waived and superseded by the substantially revised application. For purposes of this subparagraph, "substantially revised," includes, but is not limited to, where the project as initially-proposed has been alternately proposed for a location 300 feet or more from the original proposal or where the proposed revisions constitute a substantial change in the dimensions or equipment that was proposed in the original WTFP application.

(j)

Rejection for incompleteness. WTFPs will be processed, and notices of incompleteness provided, in conformity with state, local, and federal law. If such an application is incomplete, it may be rejected by the planning director by notifying the applicant in writing and specifying the material omitted from the application.

(Ord. No. 1383, § 5(Exh. A), 5-14-2019)

Sec. 19.85.060. - Review procedure.

(a)

Generally. Wireless telecommunications facilities shall be installed and modified in a manner that minimizes risks to public safety and utilizes installation of new support structures or equipment cabinets in the PROW only after all existing and replacement structure options have been exhausted, and where feasible, places equipment underground, and otherwise maintains the integrity and character of the neighborhoods and corridors in which the facilities are located; ensures that installations are subject to periodic review to minimize the intrusion on the PROW; and ensures that the city bears no risk or liability as a result of the installations, and that such use does not inconvenience the public, interfere with the primary uses of the PROW, or hinder the ability of the city or other government agencies to improve, modify, relocate, abandon, or vacate the PROW or any portion thereof, or to cause the improvement, modification, relocation, vacation, or abandonment of facilities in the PROW.

(b)

Collocation encouraged. Where the facility site is capable of accommodating a collocated facility upon the same site in a manner consistent with the permit conditions for the existing facility, the owner and operator of the existing facility shall allow collocation of third-party facilities, provided the parties can mutually agree upon reasonable terms and conditions.

(c)

Findings required for approval.

(1)

Administrative WTFP applications for SWFs. For WTFP applications proposing a SWF, the planning director shall approve such application if, on the basis of the application and other materials or evidence provided in review thereof, all of the following findings can be made:

a.

The facility qualifies as a SWF; and

b.

The facility meets all standards, requirements and further findings as may be specified in the SWF regulations; and

c.

The facility is not detrimental to the public health, safety, and welfare; and

d.

The facility meets applicable requirements and standards of state and federal law.

(2)

Administrative WTFP applications for eligible facility requests. For WTFP applications proposing an eligible facilities request, the planning director shall approve such application if, on the basis of the application and other materials or evidence provided in review thereof, all of the following findings can be made:

a.

That the application qualifies as an eligible facilities request; and

b.

That the proposed facility will comply with all generally-applicable laws.

(3)

Major WTFP applications. No major WTFP shall be granted unless all of the following findings are made by the applicable decision-maker:

a.

If applicable, all notices required for the proposed WTFP have been given, including the inclusion, or placement on-site, of photo simulations for the proposed facility.

b.

The proposed wireless telecommunications facility has been designed and located in compliance with all applicable provisions of this chapter.

c.

If applicable, the applicant has demonstrated its inability to locate on an eligible support structure.

d.

The applicant has provided sufficient evidence supporting the applicant's claim that it has the right to enter the public right-of-way pursuant to state or federal law, or the applicant has entered into a franchise agreement with the city permitting them to use the public right-of-way.

e.

The applicant has demonstrated the proposed installation is designed such that the proposed installation represents the least intrusive means possible, supported by factual evidence and a meaningful comparative analysis to show that all alternative locations and designs identified in the application review process were technically infeasible or not reasonably available.

(d)

Notice; decisions. The provisions in this Section describe the procedures for the approval process, any required notice and public hearings for a WTFP application.

(1)

Administrative WTFPs: No notice is required for administrative WTFPs.

(2)

Major WTFP applications. Any major WTFP application shall require notice and a public hearing. Notice of such hearing shall be provided in accordance with Government Code Section 65091. Public notices shall include color photo simulations from three different angles depicting the wireless telecommunication facility as proposed to be considered by the planning commission. If the application proposes the use of an existing or replacement eligible support structure, such simulations shall be posted upon the proposed support structure for a period of at least 30 days prior to the date of approval; such posted simulations shall remain in-place until final decision on the application is reached.

[3]

Written decision required for all WTFP determinations. Unless otherwise specified for SWF's in the SWF regulations, all final decisions made pursuant to this chapter, including those for administratively-processed permits and eligible facilities requests, shall be in writing and based on substantial evidence in the written administrative record. Within five days after any decision to grant, approve, deny or conditionally grant a WTFP application, the planning director, shall provide written notice including the following:

a.

A general explanation of the decision, including the findings required for the decision, if any, and how those findings were supported or not supported by substantial evidence;

b.

A general description of the property involved;

c.

Information about applicable rights to appeal the decision and explanation of how that right may be exercised; and

d.

To be given by first class mail to:

(i)

The project applicant and property owner,

(ii)

Any person who submitted written comments concerning the WTFP,

(iii)

Any person who has filed a written request with the city to receive such notice, and

(iv)

Any homeowner association on file with the city that has jurisdiction over the WTFP site.

(4)

Once a WTFP is approved, no changes shall be made to the approved plans without review and approval in accordance with this chapter.

(5)

The decision of the approving authority, as applicable, as to any administrative WTFP shall be final.

(6)

Appeals on major WTFPs shall proceed as provided in accordance with the appeal provisions in Title 19 of the Municipal Code, Section 19.74.080 (Appeals). The appellate authority may hear the appeal de novo.

(e)

Notice of shot clock expiration. The city acknowledges there are federal and state shot clocks which may be applicable to a proposed wireless telecommunications facility. That is, federal and state law provide time periods in which the city must approve or deny a proposed wireless telecommunications facility. As such,

the applicant is required to provide the city written notice of the expiration of any shot clock, which the applicant shall ensure is received by the city (e.g. overnight mail) no later than 20 days prior to the expiration.

(Ord. No. 1383, § 5(Exh. A), 5-14-2019)

(a)

SWF design and development standards. SWFs are subject to those design and development standards and conditions of approval set forth in the SWF regulations. The city's grant of a WTFP for a SWF does not waive, and shall not be construed to waive, any standing by the city to challenge any FCC orders or rules related to small cell facilities, or any modification to those FCC orders or rules.

(b)

Eligible facilities request design and development standards. Approved eligible facilities requests for which the findings set forth in section 19.85.060 have been made are subject to the following conditions, unless modified by the approving authority:

(1)

WTFP subject to conditions of underlying permit. Any WTFP granted in response to an application qualifying as an eligible facilities request shall be subject to the terms and conditions of the underlying permit and all such conditions that were applicable to the facility prior to approval of the subject eligible facility request.

(2)

No permit term extension. The city's grant or grant by operation of law of an eligible facilities request permit constitutes a federally-mandated modification to the underlying permit or approval for the subject tower or base station. Notwithstanding any permit duration established in another permit condition, the city's grant or grant by operation of law of a eligible facilities request permit will not extend the permit term for the underlying permit or any other underlying regulatory approval, and its term shall have the same term as the underlying permit or other regulatory approval for the subject tower or base station.

(3)

No waiver of standing. The city's grant or grant by operation of law of an eligible facilities request does not waive, and shall not be construed to waive, any standing by the city to challenge Section 6409(a) of the Spectrum Act, any FCC rules that interpret Section 6409(a) of the Spectrum Act, or any modification to Section 6409(a) of the Spectrum Act.

(c)

Major WTFP design and development standards. All wireless telecommunications facilities subject to a major WTFP that are located within the city shall be designed and maintained as to minimize visual, noise

and other impacts on the surrounding community and shall be planned, designed, located, and erected in accordance with the following standards:

(1)

General guidelines.

a.

The applicant shall employ screening, undergrounding and camouflage design techniques in the design and placement of wireless telecommunications facilities in order to ensure that the facility is as visually screened as possible, to prevent the facility from dominating the surrounding area and to minimize significant view impacts from surrounding properties and public views, all in a manner that achieves compatibility with the community and in compliance with this Code.

b.

Screening shall be designed to be architecturally compatible with surrounding structures using appropriate techniques to camouflage, disguise, and/or blend into the environment, including landscaping, color, and other techniques to minimize the facility's visual impact as well as be compatible with the architectural character of the surrounding buildings or structures in terms of color, size, proportion, style, and quality.

c.

Exterior finishes for a facility and accessory equipment shall consist of non-reflective materials and painted, screened, or camouflaged to blend with the materials and colors of surrounding buildings, structures, and/or landscaping.

d.

Wall-mounted and/or roof-mounted wireless telecommunications facilities shall be compatible with the architecture, color, texture, and materials of the building or structure to which it is attached so as to appear a natural aesthetic extension of the building or structure design to minimize the facility's visual impact.

e.

Wireless telecommunications facilities shall not interfere with the ingress or egress to, or with the circulation, of the property on which it is located.

f.

Wireless telecommunications facilities and any accessory equipment shall comply with the setback and height requirements for the zone in which it is located.

g.

Wireless telecommunications facilities may be subject to PROW improvements at the discretion of the city engineer.

h.

Wireless telecommunications facilities shall not be located in a required parking area, vehicle maneuvering area, vehicle/pedestrian circulation area, or area of landscaping such that it interferes with, or in any way impairs, the utility or intended function of such area.

i.

No temporary wireless telecommunications facilities shall be permitted within the city except to allow for signal strength testing in conjunction with a submitted application.

j.

All applicable building, construction, and business permits shall be acquired by the applicant prior to construction of a wireless telecommunication facility.

k.

Wireless telecommunications facilities shall be located consistent with section 19.85.080 (location restrictions) unless an exception is granted.

l.

The wireless telecommunications facility shall be designed for colocation, unless it is found that current technological requirements preclude colocation.

(2)

Traffic safety. All facilities shall be designed and located in such a manner as to avoid adverse impacts on traffic safety.

(3)

Blending methods. All facilities shall have subdued colors and non-reflective materials that blend with the materials and colors of the surrounding area, infrastructure and structures. If a ground-mounted wireless telecommunications facility is proposed to resemble a tree, other similar tree species shall be planted adjacent to and/or around the facility to enhance the concealing effect.

(4)

Equipment. The applicant shall use the least visible equipment for the provision of wireless telecommunications services that is technically feasible. Antenna elements shall be flush mounted, to the extent feasible, with all cables and wires clipped-up or otherwise out of public view. All antenna mounts shall be designed so as not to preclude possible future collocation by the same or other operators or carriers. Unless otherwise provided in this section, antennas shall be situated as close to the ground as technically feasible.

(5)

Support structures.

a.

Pole-mounted only. Only pole-mounted antennas (excepting wooden poles per subparagraph (5)b. below) shall be permitted in the public right-of-way. Mountings to all other forms of support structure in the public right-of-way are prohibited unless an exception pursuant to section 19.85.080 is granted.

b.

Utility poles. Wireless telecommunications facilities shall not be located on wooden poles. The maximum height of any antenna shall not exceed 48 inches above the height of an existing utility pole, nor shall any portion of the antenna or equipment mounted on a pole be less than 24 feet above any drivable road surface. All installations on utility poles shall fully comply with the California Public Utilities Commission general orders, including, but not limited to, General Order 95, as may be revised or superseded.

c.

Light poles. The maximum height of any antenna shall not exceed four feet above the existing height of a light pole. Any portion of the antenna or equipment mounted on a pole shall be no less than 16½ feet above any drivable road surface.

d.

Replacement poles. If an applicant proposes to replace a pole that is an eligible support structure to accommodate the proposed facility, the replacement pole shall be designed to resemble the appearance and dimensions of existing poles near the proposed location, including size, height, color, materials and style to the maximum extent feasible.

e.

Equipment mounted on a support structure shall not exceed three cubic feet in dimension.

f.

No new guy wires shall be allowed unless required by other laws or regulations.

g.

An exception pursuant to section 19.85.080 shall be required to erect any new support structure (noneligible support structure) that is not the replacement of an existing eligible support structure.

h.

As applicable to all new support structures (non-eligible support structures), regardless of location, the following requirements shall apply:

(i)

Such new support structure shall be designed to resemble existing support structures of the same type in the right-of-way near that location, including size, height, color, materials and style, with the exception of any existing structural designs that are scheduled to be removed and not replaced.

(ii)

Such new support structures that are not replacement structures shall be located at least 90 feet from any eligible support structure to the extent feasible. For example, if an eligible support structure within 90 feet of the proposed new structure is available for collocation, then the proposed facility should be collocated on such eligible support structure to the extend feasible.

(iii)

Such new support structures shall not adversely impact public view corridors, as defined in any applicable specific plan, or code, and shall be located to the extent feasible in an area where there is existing natural or other feature that obscures the view of the new support structure. The applicant shall further employ concealment techniques to blend the new support structure with said features including but not limited to the addition of vegetation if feasible.

(iv)

A justification analysis shall be submitted for all new support structures that are not replacements to demonstrate why an eligible support facility cannot be utilized and demonstrating the new structure is the least intrusive means possible, including a demonstration that the new structure is designed to be the minimum functional height and width required to support the proposed wireless telecommunications facility.

i.

All cables, including, but not limited to, electrical and utility cables, shall be run within the interior of the support structure and shall be camouflaged or hidden to the fullest extent feasible. For all support structures wherein interior installation is infeasible, conduit and cables attached to the exterior shall be mounted flush thereto and painted to match the structure.

(6)

Space. Each facility shall be designed to occupy the least amount of space in the right-of-way that is technically feasible.

(7)

Wind loads. Each facility shall be properly engineered to withstand wind loads as required by this Code or any duly adopted or incorporated code. An evaluation of high wind load capacity shall include the impact of modification of an existing facility.

(8)

Obstructions. Each component part of a facility shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, incommode the public's use of a right-of-way, or cause safety hazards to pedestrians and motorists.

(9)

Public facilities. A facility shall not be located in a manner that would interfere with access to a fire hydrant, fire station, fire escape, water valve, underground vault, valve housing structure, or any other public health

or safety facility.

(10)

Screening. All ground-mounted facility, pole-mounted equipment, or walls, fences, landscaping or other screening methods shall be installed at least 18 inches from the curb and gutter flow line.

(11)

Accessory equipment located in the PROW. Not including the electric meter, for wireless telecommunications facilities located in the PROW, all accessory equipment shall be located underground, except as provided below:

a.

Unless city staff determines that there is no room in the public right-of-way for undergrounding, or that undergrounding is not feasible, an exception pursuant to section 19.85.080 shall be required in order to place accessory equipment above-ground and concealed with natural or manmade features to the maximum extent possible.

b.

When above-ground is the only feasible location for a particular type of accessory equipment and will be ground-mounted, such accessory equipment shall be enclosed within a structure, and shall not exceed a height of five feet and a total footprint of 15 square feet, and shall be fully screened and/or camouflaged, including the use of landscaping, architectural treatment, or acceptable alternate screening. Required electrical meter cabinets shall be screened and/or camouflaged. Also, while pole-mounted equipment is generally the least favored installation, should pole-mounted equipment be sought, it shall be installed as required in this chapter.

c.

In locations where homes are only along one side of a street, above-ground accessory equipment shall not be installed directly in front of a residence. Such above-ground accessory equipment shall be installed along the side of the street with no homes.

(12)

Accessory equipment not located in the PROW.

a.

Any and all accessory equipment, or other equipment associated with the operation of the facility, including, but not limited to, transmission cables, shall be located within a building, a walled enclosure, or underground vault. The design shall be in a manner that complies with the development standards of the zoning district in which such equipment is located.

b.

If accessory equipment is located above ground in a walled enclosure, it shall be visually compatible with surrounding buildings and be made of solid masonry block wall, or another approved material, in a design theme appropriate for the area. The walled enclosure shall be constructed and maintained to screen the accessory equipment from view.

(13)

Landscaping.

a.

Where appropriate, each facility shall be installed so as to maintain and enhance existing landscaping on the site, including trees, foliage and shrubs. Additional landscaping shall be planted, irrigated and maintained by applicant where such landscaping is deemed necessary by the city to provide screening or to conceal the facility.

b.

For ground-mounted wireless telecommunications facilities, where appropriate, a landscaped planter (minimum of three feet) shall be located and maintained adjacent on the outside area of the decorative wall or fence securing the ground-mounted facility. Landscape trees that frame and soften the visual impact of a ground-mounted facility shall be provided within the landscape planter.

(14)

Signage. No facility shall bear any signs or advertising devices other than certification, warning or other signage required by law or permitted by the city.

(15)

Lighting.

a.

No facility may be illuminated unless specifically required by the Federal Aviation Administration or other government agency. Beacon lights are not permitted unless required by the Federal Aviation Administration or other government agency.

b.

Legally required lightning arresters and beacons shall be included when calculating the height of facilities such as towers, lattice towers and monopoles.

c.

Any required lighting shall be shielded to eliminate, to the maximum extent possible, impacts on the surrounding neighborhoods.

d.

Unless otherwise required under FAA or FCC regulations, applicants may install only timed or motionsensitive light controllers and lights, and must install such lights so as to avoid illumination impacts to adjacent properties to the maximum extent feasible. The city may, in its discretion, exempt an applicant from the foregoing requirement when the applicant demonstrates a substantial public safety need.

e.

The applicant shall submit a lighting study which shall be prepared by a qualified lighting professional to evaluate potential impacts to adjacent properties. Should no lighting be proposed, no lighting study shall be required.

(16)

Noise.

a.

Backup generators shall only be operated during periods of power outages, and shall not be tested on weekends or holidays, or between the hours of 7:00 p.m. and 7:00 a.m.

b.

At no time shall equipment noise from any facility exceed the noise levels permitted by Chapter 7.34 of the Perris Municipal Code.

c.

Accessory equipment shall mitigate all noise to existing ambient levels.

(17)

Security.

a.

Each facility shall be designed to be resistant to, and minimize opportunities for, unauthorized access, climbing, vandalism, graffiti and other conditions that would result in hazardous situations, visual blight or attractive nuisances. The planning director or the approving city body, as applicable, may require the provision of warning signs, fencing, anti-climbing devices, or other techniques to prevent unauthorized access and vandalism when, because of their location and/or accessibility, a facility has the potential to become an attractive nuisance. Additionally, no lethal devices or elements shall be installed as a security device.

b.

Ground-mounted wireless telecommunications facilities not located in the PROW shall be secured from access by the general public with a decorative fence or wall, as determined by the planning director. To the extent feasible, the decorative fence or wall shall incorporate vines to prevent graffiti. If vines are not provided, clear anti-graffiti material shall be applied to all areas at risk of graffiti, unless it is demonstrated to the planning director that adequate security and maintenance will ensure the prevention of graffiti.

(18)

Modification. Consistent with current state and federal laws and if permissible under the same, at the time of modification of a wireless telecommunications facility, existing equipment shall, to the extent feasible, be replaced with equipment that reduces visual, noise and other impacts, including, but not limited to, undergrounding the equipment and replacing larger, more visually intrusive facilities with smaller, less visually intrusive facilities.

(19)

The installation and construction approved by a wireless telecommunications facility permit shall begin within one year after its approval or it will expire without further action by the city.

(20)

Conditions of approval. All major WTFPs shall be subject to such conditions of approval as reasonably imposed by the planning director or the approving city body, as applicable, as well as any modification of the conditions of approval deemed necessary by the planning director or the approving city body.

(Ord. No. 1383, § 5(Exh. A), 5-14-2019)

Sec. 19.85.080. - Location restrictions; exceptions for non-compliant major wireless telecommunications facilities.

(a)

Locations requiring an exception. Major WTFPs are strongly disfavored in certain areas and on certain support structures. Therefore the location of a major WTFP shall conform to the following in order of preference (least preferred to most preferred):

(1)

Located 500 feet away from any property containing a residential structure or zoned for residential use;

(2)

Collocated with an existing facility to make the existing and proposed collocated facilities stealth;

(3)

Located in an industrial zoning district;

(4)

Located in a commercial zoning district;

(5)

Attached to an existing structure such as a building, church steeple, utility.

(b)

Required findings for an exception on major WTFPs. For any major WTFP requiring an "exception" under this chapter, no such exception shall be granted unless the applicant demonstrates with clear and convincing evidence all the following:

(1)

The proposed wireless facility qualifies as a "personal wireless services facility" as defined in United States Code, Title 47, Section 332(c)(7)(C)(ii);

(2)

The applicant has provided the city with a clearly defined significant gap (as established under state and federal law) and a clearly defined potential site search area.

a.

In the event the applicant seeks to install a wireless telecommunications facility to address service coverage concerns, full-color signal propagation maps with objective units of signal strength measurement that show the applicant's current service coverage levels from all adjacent wireless telecommunications facilities without the proposed facility, predicted service coverage levels from all adjacent facilities serving applicant with the proposed facility, and predicted service coverage levels from the proposed facility without all adjacent facilities.

b.

In the event the applicant seeks to address service capacity concerns, a written explanation and propagation maps identifying the existing facilities with service capacity issues together with competent evidence to demonstrate the inability of those facilities to meet capacity demands.

(3)

The applicant has provided the city with a meaningful comparative analysis that includes the factual reasons why any alternative location(s) or design(s) suggested by the city or otherwise identified in the administrative record, including but not limited to potential alternatives identified at any public meeting or hearing, are not technically feasible or reasonably available; and

(4)

The applicant has provided the city with a meaningful comparative analysis that includes the factual reasons why the proposed location and design deviates is the least noncompliant location and design necessary to reasonably achieve the applicant's reasonable objectives of covering an established significant gap (as established under state and federal law).

(5)

The applicant has demonstrated that strict compliance with any provision in this chapter for a major WTFP would effectively prohibit the provision of personal wireless services.

(c)

Scope. The planning commission or planning director, as applicable, shall limit an exemption for a major WTFP to the extent to which the applicant demonstrates such exemption is necessary to reasonably achieve its objectives of covering an established significant gap (as established under state and federal law). The planning commission or planning director, as applicable, may adopt conditions of approval as reasonably necessary to promote the purposes in this chapter and protect the public health, safety and welfare.

(Ord. No. 1383, § 5(Exh. A), 5-14-2019)

Sec. 19.85.090. - Operation and maintenance standards.

All wireless telecommunications facilities must comply at all times with the following operation and maintenance standards:

(a)

The permittee shall at all times maintain compliance with all applicable federal, state and local laws, regulations and other rules, including, without limitation, those applying to use of the PROW. The permittee shall ensure that all equipment and other improvements to be constructed and/or installed in connection with the approved WTFP are maintained in a manner that is not detrimental or injurious to the public health, safety, and general welfare and that the aesthetic appearance is continuously preserved, and substantially the same as shown in the approved plans at all times relevant to the WTFP.

(b)

Unless otherwise provided herein, all necessary repairs and restoration shall be completed by the permittee, owner, operator or any designated maintenance agent at its sole cost within 48 hours:

(1)

After discovery of the need by the permittee, owner, operator or any designated maintenance agent; or

(2)

After permittee, owner, operator or any designated maintenance agent receives notification from the city.

(c)

Insurance. The permittee shall obtain and maintain throughout the term of the permit a type and amount of insurance as specified by city's risk management. The relevant policy(ies) shall name the city, its elected/appointed officials, commission members, officers, representatives, agents, and employees as additional insured. The permittee shall use its best efforts to provide 30 days prior notice to the planning director of to the cancellation or material modification of any applicable insurance policy.

(d)

Indemnities. The permittee and, if applicable, the owner of the property upon which the wireless facility is installed shall defend, indemnify and hold harmless the city, its agents, officers, officials, and employees (i) from any and all damages, liabilities, injuries, losses, costs, and expenses, and from any and all claims,

demands, law suits, writs of mandamus, and other actions or proceedings brought against the city or its agents, officers, officials, or employees to challenge, attack, seek to modify, set aside, void or annul the city's approval of the permit, and (ii) from any and all damages, liabilities, injuries, losses, costs, and expenses, and any and all claims, demands, law suits, or causes of action and other actions or proceedings of any kind or form, whether for personal injury, death or property damage, arising out of or in connection with the activities or performance of the permittee or, if applicable, the private property owner or any of each one's agents, employees, licensees, contractors, subcontractors, or independent contractors. In the event the city becomes aware of any such actions or claims the city shall promptly notify the permittee and, if applicable, the private property owner and shall reasonably cooperate in the defense. The city shall have the right to approve, which approval shall not be unreasonably withheld, the legal counsel providing the city's defense, and the property owner and/or permittee (as applicable) shall reimburse the city for any costs and expenses directly and necessarily incurred by the city in the course.

(e)

Performance bond. Prior to issuance of a wireless encroachment permit, the permittee shall file with the city, and shall maintain in good standing throughout the term of the approval, a performance bond or other surety or another form of security for the removal of the facility in the event that the use is abandoned or the permit expires, or is revoked, or is otherwise terminated. The security shall be in the amount equal to 100 percent of the cost of removal of the facility as specified in the application for the WTFP or as that amount may be modified by the planning director in in the permit based on the characteristics of the installation. The permittee shall reimburse the city for staff time associated with the processing and tracking of the bond, based on the hourly rate adopted by the city council. Reimbursement shall be paid when the security is posted and during each administrative review.

(f)

Adverse impacts on adjacent properties. Permittee shall undertake all reasonable efforts to avoid undue adverse impacts to adjacent properties and/or uses that may arise from the construction, operation, maintenance, modification, and removal of the facility. All facilities, including each piece of equipment, shall be located and placed in a manner so as to not interfere with the use of the PROW, impede the flow of vehicular or pedestrian traffic, impair the primary use and purpose of poles/signs/traffic signals or other infrastructure, interfere with outdoor dining areas or emergency facilities, or otherwise obstruct the accessibility of the PROW.

(g)

Contact information. Each permittee of a wireless telecommunications facility shall provide the planning director with the name, address and 24-hour local or toll free contact phone number of the permittee, the owner, the operator and the agent responsible for the maintenance of the facility ("contact information"). Contact information shall be updated within seven days of any change.

(h)

All facilities, including, but not limited to, telecommunication towers, poles, accessory equipment, lighting, fences, walls, shields, cabinets, artificial foliage or camouflage, and the facility site shall be maintained in good condition, including ensuring the facilities are reasonably free of:

(1)

Subsidence, cracking, erosion, collapse, weakening, or loss of lateral support to city streets, sidewalks, walks, curbs, gutters, trees, parkways, street lights, traffic signals, improvements of any kind or nature, or utility lines and systems, underground utility line and systems (water, sewer, storm drains, gas, oil, electrical, etc.) that result from any activities performed in connection with the installation and/or maintenance of a wireless facility in the PROW.

(2)

General dirt and grease;

(3)

Chipped, faded, peeling, and cracked paint;

(4)

Rust and corrosion;

(5)

Cracks, dents, and discoloration;

(6)

Missing, discolored or damaged artificial foliage or other camouflage;

(7)

Graffiti, bills, stickers, advertisements, litter and debris. All graffiti on facilities must be removed at the sole expense of the permittee within 48 hours after notification from the city.

(8)

Broken and misshapen structural parts; and

(9)

Any damage from any cause.

(i)

All trees, foliage or other landscaping elements approved as part of the facility shall be maintained in neat, safe and good condition at all times, and the permittee, owner and operator of the facility shall be responsible for replacing any damaged, dead or decayed landscaping. No amendment to any approved landscaping plan may be made until it is submitted to and approved by the planning director.

(j)

The permittee shall replace its facilities, after obtaining all required permits, if maintenance or repair is not sufficient to return the facility to the condition it was in at the time of installation.

(k)

Each facility shall be operated and maintained to comply at all conditions of approval. The permittee, when directed by the city, must perform an inspection of the facility and submit a report to the planning director on the condition of the facility to include any identified concerns and corrective action taken. Additionally, as the city performs maintenance on city-owned infrastructure, additional maintenance concerns may be identified. These will be reported to the permittee. The city shall give the permittee 30 days to correct the identified maintenance concerns after which the city reserves the right to take any action it deems

necessary, which could include revocation of the permit. The burden is on the permittee to demonstrate that it complies with the requirements herein. Prior to issuance of a permit under this chapter, the owner of the facility shall sign an affidavit attesting to understanding the city's requirement for performance of annual inspections and reporting.

(l)

All facilities permitted pursuant to this chapter shall comply with the American with Disabilities Act.

(m)

The permittee is responsible for obtaining power to the facility and for the cost of electrical usage.

(n)

Failure to comply with the city's adopted noise standard after written notice and reasonable opportunity to cure have been given shall be grounds for the city to revoke the permit.

(o)

Interference.

(1)

The permittee shall not move, alter, temporarily relocate, change, or interfere with any existing structure, improvement, or property without the prior consent of the owner of that structure, improvement, or property. No structure, improvement, or property owned by the city shall be moved to accommodate a permitted activity or encroachment, unless the city determines that such movement will not adversely affect the city or any surrounding businesses or residents, and the permittee pays all costs and expenses related to the relocation of the city's structure, improvement, or property. Prior to commencement of any work

pursuant to a wireless encroachment permit, the permittee shall provide the city with documentation establishing to the city's satisfaction that the permittee has the legal right to use or interfere with any other structure, improvement, or property within the PROW or city utility easement to be affected by permittee's facilities.

(2)

The facility shall not damage or interfere in any way with city property, the city's operations or the operations of prior-existing, third party installations. The city will reasonably cooperate with the permittee and/or carrier to carry out such activities as are necessary to correct the interference.

a.

Signal interference. The permittee shall correct any such interference within 24 hours of written notification of the interference. Upon the expiration of the 24-hour cure period and until the cause of the interference is eliminated, the permittee shall cease operation of any facility causing such interference until such interference is cured.

b.

Physical interference. The city shall give the permittee 30 days to correct the interference after which the city reserves the right to take any action it deems necessary, which could include revocation of the permit.

3.

The city at all times reserves the right to take any action it deems necessary, in its sole discretion, to repair, maintain, alter, or improve the sites. Such actions may temporarily interfere with the operation of the facility. The city will in all cases, other than emergencies, give the applicant 30 days written notification of such planned, non-emergency actions.

(p)

RF exposure compliance. All facilities must comply with all standards and regulations of the FCC and any other state or federal government agency with the authority to regulate RF exposure standards. After transmitter and antenna system optimization, but prior to unattended operations of the facility, the permittee or its representative must conduct on-site post-installation RF emissions testing to demonstrate actual compliance with the FCC Office of Engineering and Technology Bulletin 65 RF emissions safety rules for general population/uncontrolled RF exposure in all sectors. For this testing, the transmitter shall be operating at maximum operating power, and the testing shall occur outwards to a distance where the RF emissions no longer exceed the uncontrolled/general population limit.

(1)

Testing of any equipment shall take place on weekdays only, and only between the hours of 8:30 a.m. and 4:30 p.m., except that testing is prohibited on holidays that fall on a weekday. In addition, testing is prohibited on weekend days.

(q)

Records. The permittee must maintain complete and accurate copies of all permits and other regulatory approvals issued in connection with the facility, which includes without limitation this approval, the approved plans and photo simulations incorporated into this approval, all conditions associated with this approval and any ministerial permits or approvals issued in connection with this approval. In the event that the permittee does not maintain such records as required in this condition or fails to produce true and complete copies of such records within a reasonable time after a written request from the city, any

ambiguities or uncertainties that would be resolved through an inspection of the missing records will be construed against the permittee.

(r)

Attorney's fees. In the event the city determines that it is necessary to take legal action to enforce any of these conditions, or to revoke a permit, and such legal action is taken, the permittee shall be required to pay any and all costs of such legal action, including reasonable attorney's fees, incurred by the city, even if the matter is not prosecuted to a final judgment or is amicably resolved, unless the city should otherwise agree with permittee to waive said fees or any part thereof. The foregoing shall not apply if the permittee prevails in the enforcement proceeding.

(Ord. No. 1383, § 5(Exh. A), 5-14-2019)

Sec. 19.85.100. - No dangerous condition or obstructions allowed.

No person shall install, use or maintain any wireless telecommunications facility that in whole or in part rests upon, in or over any public right-of-way, when such installation, use or maintenance endangers or is reasonably likely to endanger the safety of persons or property, or when such site or location is used for public utility purposes, public transportation purposes or other governmental use, or when such facility unreasonably interferes with or unreasonably impedes the flow of pedestrian or vehicular traffic including any legally parked or stopped vehicle, the ingress into or egress from any residence or place of business, the use of poles, posts, traffic signs or signals, hydrants, mailboxes, permitted sidewalk dining, permitted street furniture or other objects permitted at or near said location.

(Ord. No. 1383, § 5(Exh. A), 5-14-2019)

Sec. 19.85.110. - Nonexclusive grant; no possessory interests.

(a)

No permit or approval granted under this chapter shall confer any exclusive right, privilege, license or franchise to occupy or use the public right-of-way of the city for any purpose whatsoever. Further, no approval shall be construed as a warranty of title.

(b)

No possessory interest is created by a WTFP. However, to the extent that a possessory interest is deemed created by a governmental entity with taxation authority, the permittee acknowledge that the city has given to the applicant notice pursuant to California Revenue and Taxation Code Section 107.6 that the use or occupancy of any public property pursuant to a WTFP may create a possessory interest which may be subject to the payment of property taxes levied upon such interest. Wireless telecommunications facility operators shall be solely liable for, and shall pay and discharge prior to delinquency, any and all possessory interest taxes or other taxes, fees, and assessments levied against their right to possession, occupancy, or use of any public property pursuant to any right of possession, occupancy, or use created by the WTFP.

(c)

The permission granted by a WTFP shall not in any event constitute an easement on or an encumbrance against the PROW. No right, title, or interest (including franchise interest) in the PROW, or any part thereof, shall vest or accrue in permittee by reason of a wireless encroachment permit or the issuance of any other permit or exercise of any privilege given thereby.

(Ord. No. 1383, § 5(Exh. A), 5-14-2019)

Sec. 19.85.120. - Permit expiration; abandonment of applications.

(a)

Permit term. Unless Government Code Section 65964, as may be amended, authorizes the city to issue a permit with a shorter term, a permit for any wireless telecommunications facility shall be valid for a period often ten years, unless pursuant to another provision of this code it lapses sooner or is revoked. At the end of ten years from the date of issuance, such permit shall automatically expire.

(b)

[Expiration.] A permittee may apply for a new permit within 180 days prior to expiration. Said application and proposal shall comply with the city's current code requirements for wireless telecommunications facilities.

(c)

Timing of installation. The installation and construction authorized by a WTFP shall begin within one year after its approval, or it will expire without further action by the city. The installation and construction authorized by a WTFP shall conclude, including any necessary post-installation repairs and/or restoration to the PROW, within 30 days following the day construction commenced.

(d)

Commencement of operations. The operation of the approved facility shall commence no later than 90 days after the completion of installation, or the WTFP will expire without further action by the city. The permittee shall provide the planning director notice that operations have commenced by the same date.

(Ord. No. 1383, § 5(Exh. A), 5-14-2019)

Sec. 19.85.130. - Cessation of use or abandonment.

(a)

A wireless telecommunications facility is considered abandoned and shall be promptly removed as provided herein if it ceases to provide wireless telecommunications services for 90 or more consecutive days unless the permittee has obtained prior written approval from the director which shall not be unreasonably denied. If there are two or more users of a single facility, then this provision shall not become effective until all users cease using the facility.

(b)

The operator of a facility shall notify the planning director in writing of its intent to abandon or cease use of a permitted site or a nonconforming site (including unpermitted sites) within ten days of ceasing or abandoning use. Notwithstanding any other provision herein, the operator of the facility shall provide written notice to the planning director of any discontinuation of operations of 30 days or more.

(c)

Failure to inform the planning director of cessation or discontinuation of operations of any existing facility as required by this section shall constitute a violation of any approvals and be grounds for:

(1)

Litigation;

(2)

Revocation or modification of the permit;

(3)

Acting on any bond or other assurance required by this article or conditions of approval of the permit;

(4)

Removal of the facilities by the city in accordance with the procedures established under this Code for abatement of a public nuisance at the owner's expense; and/or

(5)

Any other remedies permitted under this Code or by law.

(Ord. No. 1383, § 5(Exh. A), 5-14-2019)

Sec. 19.85.140. - Removal and restoration in the prow—Permit expiration, revocation or abandonment.

(a)

Upon the expiration date of the permit, including any extensions, earlier termination or revocation of the WTFP or abandonment of the facility, the permittee, owner or operator shall remove its wireless telecommunications facility from the PROW and restore the site to the condition it was in prior to the granting of the WTFP, except for retaining the landscaping improvements and any other improvements at the discretion of the city. Removal shall be in accordance with proper health and safety requirements and all ordinances, rules, and regulations of the city. Expired, terminated or revoked wireless

ecommunications facility from the PROW and restore the site to the condition it was in prior to the granting of the WTFP, except for retaining the landscaping improvements and any other improvements at the discretion of the city. Removal shall be in accordance with proper health and safety requirements and all ordinances, rules, and regulations of the city. Expired, terminated or revoked wireless

telecommunications facility equipment shall be removed from the site at no cost or expense to the city.

(b)

Failure of the permittee, owner or operator to promptly remove its facility and restore the property within 90 days after expiration, earlier termination or revocation of the WTFP, or abandonment of the facility, shall be a violation of this Code. Upon a showing of good cause, an extension may be granted by the planning

director where circumstances are beyond the control of the permittee after expiration. Further failure to abide by the timeline provided in this section shall be grounds for:

(1)

Prosecution;

(2)

Acting on any security instrument required by this chapter or conditions of approval of permit;

(3)

Removal of the facilities by the city in accordance with the procedures established under this Code for abatement of a public nuisance at the owner's expense; and/or

(4)

Any other remedies permitted under this Code or by law.

(c)

Summary removal. In the event any city director or city engineer determines that the condition or placement of a wireless telecommunications facility located in the public right-of-way constitutes a dangerous condition, obstruction of the public right-of-way, or an imminent threat to public safety, or determines other exigent circumstances require immediate corrective action (collectively, "exigent circumstances"), such director or city engineer may cause the facility to be removed summarily and immediately without advance notice or a hearing. Written notice of the removal shall include the basis for the removal and shall be served upon the permittee and person who owns the facility within five business days of removal and all property removed shall be preserved for the owner's pick-up as feasible. If the owner cannot be identified following reasonable effort or if the owner fails to pick-up the property within 60 days, the facility shall be treated as abandoned property.

(d)

Removal of facilities by city. In the event the city removes a wireless telecommunications facility in accordance with nuisance abatement procedures or summary removal, any such removal shall be without any liability to the city for any damage to such facility that may result from reasonable efforts of removal. In addition to the procedures for recovering costs of nuisance abatement, the city may collect such costs from the performance bond posted and to the extent such costs exceed the amount of the performance bond, collect those excess costs in accordance with this Code. Unless otherwise provided herein, the city has no obligation to store such facility. Neither the permittee, owner nor operator shall have any claim if the city destroys any such facility not timely removed by the permittee, owner or operator after notice, or removal by the city due to exigent circumstances.

(Ord. No. 1383, § 5(Exh. A), 5-14-2019)

Sec. 19.85.150. - Effect on other ordinances.

Compliance with the provisions of this chapter shall not relieve a person from complying with any other applicable provision of this Code. In the event of a conflict between any provision of this chapter and other sections of this Code, this chapter shall control.

(Ord. No. 1383, § 5(Exh. A), 5-14-2019)

Sec. 19.85.160. - State or federal law.

The implementation of this chapter and decisions on applications for placement of wireless telecommunications facilities in the PROW shall, at a minimum, ensure that the requirements of this chapter are satisfied, unless it is determined that the applicant has established that denial of an application would, within the meaning of federal law, prohibit or effectively prohibit the provision of personal wireless services, or otherwise violate applicable laws or regulations. If that determination is made, the requirements of this chapter may be waived, but only to the minimum extent required to avoid the prohibition or violation.

(Ord. No. 1383, § 5(Exh. A), 5-14-2019)

Sec. 19.85.170. - Legal nonconforming wireless telecommunications facilities in the right-of-way.

(a)

Legal nonconforming wireless telecommunications facilities are those facilities that existed but did not conform to this chapter on the date this chapter became effective.

(b)

Legal nonconforming wireless telecommunications facilities shall, within ten years from the date this chapter became effective, be brought into conformity with all requirements of this article; provided, however, that should the owner desire to expand or modify the facility, intensify the use, or make some other change in a conditional use, the owner shall comply with all applicable provisions of this Code at such time, to the extent the city can require such compliance under federal and state law.

(c)

An aggrieved person may file an appeal to the city council of any decision of the planning director or other deciding body made pursuant to this section. In the event of an appeal alleging that the ten-year amortization period is not reasonable as applied to a particular property, the city council may consider the amount of investment or original cost, present actual or depreciated value, dates of construction, amortization for tax purposes, salvage value, remaining useful life, the length and remaining term of the lease under which it is maintained (if any), and the harm to the public if the structure remains standing beyond the prescribed amortization period, and set an amortization period accordingly for the specific property.

(Ord. No. 1383, § 5(Exh. A), 5-14-2019)

CHAPTER 19.86. - SENIOR HOUSING OVERLAY ZONE (SHO)

Sec. 19.86.010. - General.

Upon proper application, a senior housing overlay zone may be combined with any of the city's conventional residential or commercial zone districts. When the Senior Housing Overlay (SHO) Zone is shown on the city's zoning map, it shall be combined with one of the city's applicable conventional districts. For example, the application of SHO overlay in the R-10,000 zone shall be shown as "R-10,000SHO." Any lot designated by the SHO Zone is subject to the land use and density/intensity provisions of the underlying zone district, except as provided herein. If provisions in the chapter differ from other provisions of this Code, including the development standards of the underlying zone, the provision of this chapter supersede and shall be applicable and controlling.

(Code 1972, § 19.86.010)

Sec. 19.86.020. - Purpose and intent.

(a)

Purpose.

(1)

To encourage the development of senior housing that is compatible and complementary to its neighborhood context, is located near essential services and amenities required by seniors, and allows for or encourages neighborhood walkability.

(2)

To provide various incentives which are consistent with the state density bonus for senior housing projects.

(3)

To ensure that adequate affordable housing is provided to very low and moderate income senior citizens consistent with the regional housing needs assessment (RHNA) dictated by the state department of housing and community development.

(4)

To facilitate the development of senior housing projects which are superior in functional design, quality of construction, appearance, and operational standards.

(5)

To ensure that the requirements of the Americans with Disabilities Act (ADA) and universal design principles are incorporated within senior housing developments.

(b)

Intent. This district is designed to provide for residential uses that are appropriate for the development of seniors, recognizing their unique lifestyles and needs, by allowing higher densities, a mix of uses, and requiring in return, higher design and construction standards, as well as the provision of specific site and building amenities. It is the intent of this zone to carry out the policies and objectives of all elements of the

rovide for residential uses that are appropriate for the development of seniors, recognizing their unique lifestyles and needs, by allowing higher densities, a mix of uses, and requiring in return, higher design and construction standards, as well as the provision of specific site and building amenities. It is the intent of this zone to carry out the policies and objectives of all elements of the

general plan and to meet the standards necessary to satisfy the requirements for public health, safety, and general welfare.

(Code 1972, § 19.86.020)

Sec. 19.86.030. - Qualifications for eligibility.

(a)

The Senior Housing Overlay (SHO) Zone may be applied to any lot or group of contiguous lots having a total area of at least two acres, but not more than 75 acres (properties over 75 acres require a specific plan);

(b)

The underlying zoning must be either a residential or commercial district;

(c)

The surrounding land uses, both current and projected, must be compatible with the living environment required by seniors and be free from potential health and safety issues.

(Code 1972, § 19.86.030)

Sec. 19.86.040. - Permitted uses.

Permitted land uses include those listed as permitted, accessory, or conditional in the underlying zone district. Specific uses allowed within the SHO Zone include multi-family residential, attached single-family residential, and detached single-family residential. Also permitted are facilities that provide ambulatory care and congregate care. Within the aforementioned use types, individual units may be rental, condominium, cooperative, or other form of fee-simple ownership.

(Code 1972, § 19.86.040)

Sec. 19.86.050. - Affordability.

(a)

Projects located within a redevelopment area.

(1)

If a project is located within a redevelopment area, at least 30 percent of the dwelling units developed shall be available at affordable housing cost to persons and families of low and moderate income or as stipulated by SB 1190. This applies to both rental and ownership projects.

(2)

If a project is located within a redevelopment area, at least 50 percent of the 30 percent described above shall be available at affordable housing cost to very low-income households or as stipulated by SB 1190. This applies to both rental and ownership projects.

(3)

The restrictions must remain available for the longer of: 30 years; or the period of land use controls established in the redevelopment plan for the project area. The city and/or the redevelopment agency of the city shall be named specifically in the Covenants, Conditions, & Restrictions (CC&Rs) having the right to enforce the affordability restrictions.

(4)

The city reserves the right to require more stringent low-moderate income requirements under circumstances where the city or the redevelopment agency has provided financial assistance to the development.

(b)

Project not located in a redevelopment area.

(1)

At least three percent of the dwelling units developed shall be available at affordable housing cost to persons and families of low and moderate income. This applies to both rental and ownership projects.

(2)

At least 40 percent of the three percent of the dwelling units described above shall be affordable housing to very low-income households. A project proponent may elect to provide more than the 40 percent to very low-income households. This applies to both rental and ownership projects.

(Code 1972, § 19.86.050; Ord. No. 1210, 3-2007)

Sec. 19.86.060. - Age requirements.

At the time of purchase, at least one household member must be 55 or older.

(Code 1972, § 19.86.060; Ord. No. 1210, 3-2007)

Sec. 19.86.070. - Development incentives.

(a)

Parking requirements for SHO projects shall provide a minimum of 1.15 parking spaces per dwelling unit;

(b)

The city shall waive park development fees for qualified SHO projects defined herein;

(c)

Regardless of the density allowable under the underlying zone density requirements, the maximum allowable density in an SHO project area is 50 dwelling units to the gross acre.

(Code 1972, § 19.86.070)

Sec. 19.86.080. - Development criteria.

(a)

Site character.

(1)

Structures that are historic or are otherwise distinctive because of their age, cultural significance, or unique architectural style should be preserved and incorporated into development proposals.

(2)

When a SHO project adjoining residential and commercial uses can mutually benefit from connection rather than separation, appropriate connective elements (e.g., walkways) should be provided.

(3)

Existing amenities (e.g., views, mature trees, etc.) that are unique to the site should be preserved and incorporated into the project's design whenever possible.

(b)

Site access. Developments with more than 200 parking stalls that are located on arterial highways should coordinate access points with median openings and existing driveways on the opposite side of the roadway. Such developments may also be required to provide deceleration lanes adjacent to their major entry.

(c)

Building setbacks.

(1)

Frontage. The building setback along all street frontages shall be equal to one-half the height of the building wall but in no case shall it be less than 20 feet.

(2)

All other property lines. All other setbacks shall be equal to the height of the building wall which fronts the subject property line. However, accessory structures such as garages, carports, and equipment enclosures may be located on the property line.

(d)

Building design layout.

(1)

The minimum dwelling size for each unit shall be as follows:

a.

Studio: 475 square feet.

b.

One bedroom: 525 square feet.

c.

Two bedroom: 700 square feet.

(2)

Multiple buildings in a single project should provide a functional relationship with one another to achieve a sense of place by use of the following techniques:

a.

Cluster buildings around open plaza areas or courtyards, not parking lots.

b.

Provide open plaza areas and courtyards with landscaping and other pedestrian amenities.

c.

Provide convenient pedestrian circulation between buildings, and open parking areas.

d.

Link buildings together visually using trellis structures, arcades, and enhanced paving.

e.

Where feasible, locate buildings near public streets, thus creating a strong presence thereon.

f.

If applicable, link development with adjacent compatible uses, such as shopping areas through the use of landscaped walkways.

(e)

Building and unit design. Universal design (also known as "aging in place") is a method of design that seeks to create development that can be used by everyone, regardless of age or physical condition. All projects shall implement, at minimum, the following universal design principles:

(1)

No-step entries.

(2)

One-story living such that an eating area, bathroom, and sleeping area are available on the same floor.

(3)

Front doors with a minimum width of 36 inches to accommodate the use of wheelchairs and 32-inch freeswing doors (34-inch door) on all interior doors.

(4)

Hallway minimum width of 42 inches to accommodate the use of wheelchairs.

(5)

Room thresholds that are flush.

(6)

Adequate lighting throughout the dwelling unit.

(7)

Provide lever door handles and rocker light switches.

(8)

Provide additional closet rod brackets to allow potential access from a wheelchair.

(9)

Wheelchair-accessible bathrooms. Provide adequate space for maneuverability and access to facilities to those using wheelchairs.

(f)

Architectural style. A common design style or a palette of architectural features is encouraged for each SHO project. A specific design style is not required; however, consistency within each project's materials and design features is required such that each development attain a unifying appearance.

(g)

SHO design guidelines.

(1)

Consistency.

a.

Building design should demonstrate a consistent use of colors, materials, and detailing throughout all elevations of the building. Piecemeal embellishment should be avoided.

b.

Elevations that do not directly face a street should not be ignored or receive only minimal architectural treatment. Each facade should be designed for public view and should be appropriately landscaped.

c.

Consistency in design shall also apply to all accessory structures and elements in the ground plane (hardscape and softscape).

(2)

Form and mass. Designs should provide a sense of human scale and proportion. Structures should be designed to avoid a "box-like," impersonal appearance by use of the following techniques:

a.

Facade articulation. Separations, changes in plane and height, and the inclusion of elements including balconies, porches, arcades, dormers, and cross gables mitigate the barracks-like quality of flat walls.

b.

Provide architectural detail through the use of columns, three-dimensional decorative cornice bands, recessed entries and windows, and awnings and canopies.

c.

Provide full roofs with substantial overhangs.

d.

Articulate roofs of excessive length. Secondary hipped or gabled roofs covering the entire mass of a building are preferable to flat roofs, mansard roofs, or pitched roof segments applied on only some portions of the building.

e.

Incorporate decorative parapets where roof overhangs are not provided that are deep enough to hide roofmounted equipment.

f.

Structures containing three or more attached dwellings in a row should incorporate at least one architectural projection not less than two feet from the wall plane and not less than four feet wide.

(3)

Materials. Exterior materials should be very durable and require low maintenance. Piecemeal embellishment and frequent changes in materials should be avoided. Exterior wall colors should harmonize with the site and surrounding buildings. Natural surfaces such as stone and slate should be used as accents, especially at building entrances.

(4)

Colors.

a.

Facade colors should be neutral or earth tone colors. The use of high-intensity colors, metallic colors, black, or fluorescent colors is discouraged.

b.

Building trim and accent areas may feature brighter colors, including primary colors. However these colors must complement the facade colors.

c.

The transition between base and accent colors should relate to changes in building materials or the change of building surface planes. Colors should not meet or change without some physical change or definition to the surface plane.

d.

The blending of compatible colors in a single facade or composition is a good way to add character and variety, while reducing, or breaking up monotonous spans of a building.

e.

Unusual patterns and color schemes should be avoided.

f.

Color and finishes on building exteriors of all elevations of a building should be coordinated to provide a total continuity of design.

(5)

Entries should be protected from the elements. Entries add human scale and should create a focus and a clear sense of entry for the building by use of at least two of the following:

a.

Wall recesses.

b.

Roof overhangs.

c.

Canopies and awnings.

d.

Arcades.

e.

Oversized doors.

(6)

Balconies, porches, and patios. The incorporation of balconies, porches, and recessed patios is encouraged for both aesthetic value and for the practical provision of defined outdoor space. These elements should be integrated into structures to break up large wall masses, offset floor setbacks, and add human scale to buildings.

(7)

Dwelling unit access. The use of long, monotonous access balconies and/or corridors that provide access to five or more units should be avoided. Instead, access points to units should be clustered in groups of four or less. The use of distinctive architectural elements and materials to denote prominent entrances is strongly encouraged.

(8)

Exterior stairs. Simple, clean, bold projections of stairways are encouraged to complement the architectural massing and form of the structure. Thin-looking, open metal, prefabricated stairs are discouraged. Stairs should be enclosed

(9)

Mechanical and utility equipment. All mechanical equipment, either mounted on the roof, or ground, should be screened from view. Utility meters and equipment should be placed in locations that are not visible from the street. Screening devices shall be compatible with the architecture and color of the adjacent structures.

(10)

Compatible roof shapes. Rooflines of buildings should be compatible with surrounding building forms. The objective in determining roof shape is to establish a visual order to building clusters. However, varying roof heights and shapes may be appropriate on individual buildings and structures.

(11)

Roofing materials. Roofing materials shall consist of tile or simulated cement tile with a fire rating of Class B or higher.

(12)

Support facilities. Support structures (e.g., laundry facilities, recreation buildings, and sales/lease offices) should be consistent with the architectural design of the overall complex.

(13)

Solid waste bins. Trash bins should be fully enclosed with a masonry enclosure, either simulated wood or decorative metal gates and a trellis roof. The enclosure shall be finished with colors and materials that are consistent with the rest of the structures. Enclosures should be screened with landscaping on their most visible sides.

(14)

Utility and mechanical equipment.

a.

All mechanical equipment (e.g., compressors, air conditioners, heating and ventilating equipment, chillers, stand pipes, solar collectors, etc.) shall be concealed from view. Screening devices should be compatible with the architecture and color of the adjacent buildings.

b.

Mechanical equipment should not be located on the roof of a structure unless the equipment can be screened by building elements that are designed for that purpose and that are an integral part of the building design.

c.

Utility equipment (e.g., electric and gas meters, electrical panels, and junction boxes) should be located in utility rooms within the structure or utility cabinets with exterior access.

(15)

Service areas. Service areas, including maintenance buildings, shall be functional, appropriately screened and isolated from living areas and public right-of-way.

(16)

Elevator. For structures two stories or more in height, a minimum of one elevator shall be provided. Additional elevators may be required based on the design of structures or number of units in structure. The elevator shall be centrally located and in close proximity to entries. At least one of the elevators should have the dimensions and capacity of a service elevator.

(17)

Minimum dwelling amenities. At a minimum, each unit shall be provided with the following amenities:

a.

Central heating and air conditioning.

b.

Built-in dishwashers.

c.

Fully enclosed, securable storage closet not less than 100 CF in volume, located preferably adjacent to unit balcony or patio.

d.

Clothes washer and dryer electrical and gas hookups for standard washer and dryer appliances, and a bachelor/studio unit may provide facilities for stackable washer/dryer appliances.

e.

Call system with capability of 24-hour monitoring.

(18)

Driveway approaches. Driveway approaches serving senior citizen housing developments shall be delineated with enhanced paving treatment, such as interlocking pavers, textured and color, pigmented concrete, or stamped concrete.

(19)

Parking and circulation.

a.

Project entries. Project entries should provide the resident and visitor with an overview to the project through either an easy visual assessment (in smaller projects) or by providing signage or placards illustrate the circulation, parking, building, and amenity layout of the project. Special attention should be given to hardscape and landscape treatments to enhance the overall aesthetic image of the project.

b.

The principal vehicular access should be through an entry drive rather than a parking aisle. Colored, textured paving treatment at entry drives together with lush landscaping is strongly encouraged.

c.

If parking is not attached to the residential structures, covered carports and dispersed parking courts are the desired alternative.

1.

A parking court should not consist of more than two double-loaded parking aisles (bays) adjacent to each other.

Carports should provide no more than five parking spaces within each structure. The structures should be constructed of materials consistent with those used in building construction, including, but not limited to, roofing materials, facade material, colors, and accents. Metal tubular construction is discouraged unless wrapped with a material consistent with the building design, such as stucco.

3.

The length of a parking court should not exceed 14 stalls. Parking courts should be separated from each other by dwelling units or by a landscaped buffer not less than five feet wide.

4.

Parking areas should be visible from the residential units which use them to the greatest degree possible.

5.

Parking courts shall be located within 150 from the dwelling unit (front or rear door) for which the parking space is provided.

d.

If the use of parking courts is not feasible and parking is provided around the perimeter of the buildings, then a minimum 15-foot landscaped buffer is required between the parking stalls and the building, excluding covered entryways which may extend outward from the building toward walkways leading from the parking area. The maximum number of consecutive parking spaces shall be ten, after which a landscape finger equal in size to a regular parking stall shall be provided.

e.

All design standards set forth in chapter 19.69 shall apply, except as may be specified herein.

(20)

Pedestrian access.

a.

Drop-off points should be provided at major building entries and plaza areas for all projects with more than 50,000 square feet of building floor area.

b.

Parking areas should be designed so that pedestrians walk parallel to moving cars in parking aisles. The project should be designed to minimize the need for the pedestrian to cross parking aisles and landscape islands to reach building entries.

c.

Stamped or painted concrete walkways should be provided in areas where it is necessary for pedestrians to cross drive or parking aisles.

d.

All projects should provide a clear connection between the on-site pedestrian circulation system and the off-site public sidewalk.

1.

Parking lots with over 200 stalls should provide a well-defined pedestrian walkway from the public sidewalk to the main on-site pedestrian circulation system. The walkway may be painted; however on large projects, a raised sidewalk may be required.

2.

When a pedestrian circulation route crosses a vehicle circulation aisle adjacent to a building entrance, the pedestrian crossing should be emphasized by extending the sidewalk to the back of the parking spaces (if they exist) and by painting a crosswalk through the traffic aisle.

(21)

Landscaping. Landscaping should serve to frame, soften and embellish the quality of the environment; buffer units from noise or undesirable views; visually reduce or break up building mass, break up large expanses of parking and hardscape and provide shading and cooling of adjacent units.

a.

All areas not covered by structures, drive aisles, parking or hardscape should be appropriately landscaped.

b.

Landscaped areas with a minimum 15-foot width shall be provided along public street frontage. Said planter shall consist of turf and also include the following:

1.

36-inch high berms.

2.

Mature trees (36-inch box or larger) planted 20 foot on center.

3.

Accent landscaping at driveway entries including large, developed trees.

4.

Street corners shall include accent landscaping using perennials and a focal point such as a waterfall or other entry monument.

(22)

Recreational facilities. Recreational amenities shall be appropriately distributed throughout the facility. Such facilities shall consist of open or enclosed areas for residents of the facility to congregate, for recreation and leisure. The following standards shall be utilized for recreational facilities:

a.

The design and orientation of these areas should take advantage of available sunlight and should be sheltered from the noise and traffic of adjacent street or other incompatible uses.

b.

Each recreational facility shall have a focal point. The focal point may consist of, but need not be limited to, water fountains, landscape planters, monuments, waterways, ponds, artwork, trellises or gazebos. The focal point of all recreational facilities shall complement one another by maintaining a common theme, consistent furnishing and signage.

c.

Recreational facilities shall be categorized as either "major recreational facilities" or "minor recreational facilities." Major and minor recreational facilities shall be designed to complement one another and be physically linked to one another by pedestrian walkways and directional signage. Major and minor recreational facilities shall be provided throughout senior citizen projects.

d.

Private open space. Each dwelling unit within a multiple unit residential development shall be provided a private open space area, free and clear of any attached or detached accessory structures, as follows:

1.

Ground level units shall be provided 100 square feet of private yard with a minimum interior dimension of ten feet.

2.

Upper level units shall be provided a 70-square-foot balcony, with a minimum dimension on at least one side of eight feet.

e.

Lighting. Lighting should provide illumination for the security and safety of residents in parking areas, recreational facilities, building entries, and pathways. The following standards shall be utilized.

1.

The design of light fixtures and their structural supports should be architecturally compatible with the main structures on the site. Light fixtures should be architecturally integrated into the design of a structure.

The location of light fixtures should correspond to anticipated use. Lighting of pedestrian ways should illuminate changes in grade, path intersections, staging areas and any other uses along the path that, if left unlighted, would create an unsafe condition.

3.

All lighting fixtures must be shielded to prevent off-site glare.

4.

Night lighting of buildings is encouraged, but should be accomplished in a selective manner, avoiding overall building illumination that produces an undesirable look. Night lighting of buildings may be used to highlight special building features, emphasize repeated or decorative features, and use the juxtaposition of light and shadow to articulate the building facade.

f.

Public transportation amenities.

g.

On site. Sheltered bus stop with canopy provided with architecture consistent with the project shall be provided if required in coordination with local transit agencies.

h.

Off site. In cases when a public bus stop is located within the frontage of a proposed property, a bus stop enclosure or cover shall be provided with architecture consistent with project.

(23)

Security considerations.

a.

Provide clear, unobstructed sightlines from entries to the street or parking lot.

b.

Provide clear sightlines to outdoor open areas from doorways and windows.

c.

Light exterior spaces and internal common spaces with energy-efficient, vandal-proof lamps and fixtures.

d.

Create privacy for the ground-level units by using landscaping or fencing to buffer them from the street or parking.

e.

Pedestrian pathways to the entry, the parking, and the trash deposit area should be well-defined, welllighted, and free from dense shrubs.

f.

Eliminate hidden recesses in hallways, entryways, and stairways. Ensure that there are no entrapment areas between buildings.

g.

Design common spaces to encourage a sense of belonging and that relate to a discrete number of units so that these spaces encourage a sense of ownership.

h.

Provide peepholes, strike plates, and deadbolts in unit doors.

(h)

Maintenance.

(1)

Continued good appearance depends on the extent and quality of maintenance. Materials and finishes shall be selected for their durability and wear, as well as for their beauty. Proper measures shall be taken for protection against weather, neglect, damage, and abuse.

(2)

Provision for washing and cleaning buildings and structures, and control of dirt and refuse, shall be included in the design. Configurations that tend to catch and accumulate leaves, dirt, and trash shall be avoided.

(Code 1972, § 19.86.080; Ord. No. 1210, 3-2007)

Sec. 19.86.090. - Application and approval procedure.

(a)

Director's duties. Upon determination that the application contains all of the items required by this chapter, the director shall set the matter for a hearing. The public meeting shall be noticed and held in accordance with the provision of chapter 19.56.

(b)

Planning commission duties. The planning commission shall conduct a public hearing, consider the proposed action, and make a determination to either recommend approval or disapproval to the city council. The commission shall only recommend approval if first it has found that:

(1)

The proposed project is in compliance with the requirements set forth in section 19.86.030 which identify the eligibility of the project;

(2)

The proposed project is a use permitted in section 19.86.040, meets the applicable affordability and age requirements set forth in sections 19.86.050 and 19.86.060, respectively;

(3)

The proposed project is designed such that it has created a senior community that is compatible with its surroundings and has achieved a design that is superior to that which would otherwise be allowed under the underlying conventional zoning;

(4)

The project incorporates the required amenities and design guidelines set forth in 19.86.080;

(5)

The existing or proposed circulation system is adequate to accommodate projected traffic volume;

(6)

The existing or proposed infrastructure is adequate to meet the requirements of the proposed project without compromising capacity in other areas of the city;

(7)

The overall project is keeping with the purpose and intent of the SHO Zone and creates a project that serves the unique needs of seniors while creating a high-quality development which benefits the overall community.

(c)

City council duties.

(1)

City council action. Upon receipt of the planning commission's recommendation, the city council shall conduct a public hearing, consider the proposed SHO project through a change of zone process and act to approve, approve with conditions, or disapprove the project.

(2)

City council findings. After hearing the project, the city council may apply a SHO by ordinance to a property or group of properties, based on the evidence presented therein, if it makes findings that all of the following exist:

a.

The proposed project at its specific location is necessary and desirable to provide a facility that will contribute to the general well-being of seniors as well as the local neighborhood, community, and region.

b.

The location of the project and the mix of uses is not detrimental to the health, safety, or welfare of its residents, employees, or those working or residing in the area.

c.

The proposed project will provide a superior community that will support the unique needs and lifestyles of seniors.

d.

That the granting of this permit will not adversely affect the public welfare and will be consistent with the city's general plan and any other relevant plans of any government agency.

(3)

Conditions. In granting a SHO permit, the city council may modify the plan or impose such conditions as it deems necessary to protect public health, safety, and welfare. Any development standards of the underlying zone in which the property is situated, including, but not limited to, signs, fences, walls, maximum building height, maximum building coverage, and off-street parking, may be increased or decreased or otherwise modified as necessary to accomplish the purposes of this ordinance.

(d)

Combined proceedings. All related development and/or land use approvals pertaining to the proposed SHO project shall be combined and processed concurrently. Such approvals may include, but are not limited to, tentative tract maps, parcel maps, conditional use permits, and/or development plan reviews.

(e)

Time limit. Any SHO permit granted by the city council to a parcel or parcels as provided in this chapter shall be applied indefinitely thereto. However, at any time in the future, development may occur in accordance with the underlying zoning and the specifications and requirements thereof.

(f)

Maintenance. All parking areas, walkways, recreation facilities, storage areas, landscaped areas, open space, screening areas, sewer, drainage facilities and other improvements not dedicated to public use shall be maintained by the property owners. Provisions to the satisfaction of the city shall be made for the preservation and maintenance of all such improvements prior to the issuance of building permits.

(g)

Failure to maintain property.

(1)

Maintenance requirement. All commonly owned land improvements and facilities shall be preserved and maintained in a safe condition and in a state of good repair. Any failure to maintain land improvements and facilities shall be unlawful and a public nuisance endangering the health, safety, and welfare of the public and a detriment to the surrounding community.

(2)

Inspection. In addition to any other remedy provided by law for the abatement, removal and enjoinment of such public nuisance, the building inspector may, after giving notice, cause the necessary work of maintenance or repair to be done, and the costs thereof shall be assessed against the owner of the property.

(3)

Notice of work to occur. The notice shall be in writing an mailed to all persons whose names appear on the last equalized assessment roll as owner of real property within the project, at the address shown on the assessment roll. Notice shall also be sent to any person known to the building inspector to be responsible for the maintenance or repair of the common areas and facilities of the project under an indenture agreement.

(4)

Requirement for completion of work. The notice shall particularly specify the work required to be done and shall state that if the work is not commenced within five days after the receipt of such notice and diligently and without interruption prosecuted to completion, the city shall cause such work to be done, in which case the cost and expense of such work, including incidental expenses incurred by the city, will be assessed against the property or against each separate lot and become a lien upon the property.

(Code 1972, § 19.86.090)